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 Strata act 757

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e-lite
post Sep 1 2023, 08:05 PM

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QUOTE(kelvin_ck1 @ Sep 1 2023, 12:35 PM)
Ok noted that to engage lawyer for advice & legal opinion.

The MO said in AGM it was deposit for the bulk meters which the developer had advanced. The due is the excess which the developer had not returned the excess to the MC for already 2 years. Note 4 is just the name of the developer 'xxx Sdn. Bhd.'

Ok noted for this option of action from the lawyer.

Thanks so much.

Any other advice from the intellectual people of lyn  biggrin.gif  ?
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Then no need to take harsh aggressive action against developer lo. Just engage them and talk to them
Micky78
post Sep 16 2023, 12:15 AM

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any guide on what the reasonable fee is paid to MO office, i saw in the account we paid staff salary and agent/MO fee of RM5k each mth...
ronnie
post Sep 16 2023, 10:19 PM

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QUOTE(Micky78 @ Sep 16 2023, 12:15 AM)
any guide on what the reasonable fee is paid to MO office, i saw in the account we paid staff salary and agent/MO fee of RM5k each mth...
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typically the Property Mgmt Fee consists of staff salary + professional fees
Whether reasonable you need to check with other Property Mgmt Companies.
Micky78
post Sep 17 2023, 12:02 PM

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need to ask, MO informed me my unit had a water leak at the bathroom and i ask contractor to check. no Form 28 was issued. i done waterproofing at the bathroom and after two weak, water leak more heavy and this time MO told me is water pipe leak (as water meter is running when no 1 at the house or using water).

now MO threatened to issue me Form 28 if not rectify the leak by next wed.

need to ask, is MO need to state the cause of the leak in form 28?
mini orchard
post Sep 30 2023, 08:31 PM

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QUOTE(Micky78 @ Sep 17 2023, 12:02 PM)
need to ask, MO informed me my unit had a water leak at the bathroom and i ask contractor to check. no Form 28 was issued. i done waterproofing at the bathroom and after two weak, water leak more heavy and this time MO told me is water pipe leak (as water meter is running when no 1 at the house or using water).

now MO threatened to issue me Form 28 if not rectify the leak by next wed.

need to ask, is MO need to state the cause of the leak in form 28?
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xxx2299
post Oct 14 2023, 02:07 PM

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Hi everyone, if my question was discussed previously, pls guide me to the post. Thanks.

My issue:
My mum bought a office lot almost 20 years now, the project was sold by level. However, the strata title is yet to be issued until today. The developer is taking its own sweet time to process, always say is in the processing, but never commit when to complete it. Also found that the developer is processing the strata title application selectively, my mum unit is not in the processing list.

Is there any government agency that owners can seek help to force the developer speedup the processing and doing it all together, not by selection ?

Thank you.

This post has been edited by xxx2299: Oct 14 2023, 02:09 PM
mini orchard
post Oct 15 2023, 08:39 AM

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QUOTE(xxx2299 @ Oct 14 2023, 02:07 PM)
Hi everyone, if my question was discussed previously, pls guide me to the post. Thanks.

My issue:
My mum bought a office lot almost 20 years now, the project was sold by level. However, the strata title is yet to be issued until today. The developer is taking its own sweet time to process, always say is in the processing, but never commit when to complete it. Also found that the developer is processing the strata title application selectively, my mum unit is not in the processing list.

Is there any government agency that owners can seek help to force the developer speedup the processing and doing it all together, not by selection ?

Thank you.
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There are many reasons why strata titles are not issue for older developments .... financial, building law compliance, title issue etc.

On the govt side, they can give some leeway to certain developments such as low cost but for commercials, I think is unlikely.

There are few articles in google which you can read to better understand the issues and then work from there.

And I don't think land office will accept developer selective strata application submission.

This post has been edited by mini orchard: Oct 15 2023, 09:43 AM
xxx2299
post Oct 16 2023, 09:57 AM

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QUOTE(mini orchard @ Oct 15 2023, 08:39 AM)
There are many reasons why strata titles are not issue for older developments .... financial, building law compliance, title issue etc.

On the govt side, they can give some leeway to certain developments such as low cost but for commercials, I think is unlikely.

There are few articles in google which you can read to better understand the issues and then work from there.

And I don't think land office will accept developer selective strata application submission.
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Thank you for your fast reply.

The developer is rich with Tan Sri title, and having very good relationship with state gov top ppl.

In Pahang, landed shoplot can process strata title individually, bcos my friend at other project managed to get strata title ahead of other onwers. My mum unit is a landed shoplot, but sold by level, so I belief the same scenario applies to selective processing.
I found out they selectively process the starta title application when I visited the land surveyor who was appointed to apply for subdivision of land title, they informed me my mum unit is not in the processing list, they just follow instruction from developer. And they told me of more complicated problem with my mum unit, bcos it sits on border of 2 plot of land. I managed to get the developer to start processing application to join the plot of land, but that was 1 and a half years ago, and until now, the lawyer who was tasked to apply for joining the land is still pending to receive signed document from the developer for over a year.

We are helpless.


mini orchard
post Oct 16 2023, 11:51 AM

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QUOTE(xxx2299 @ Oct 16 2023, 09:57 AM)
Thank you for your fast reply.

The developer is rich with Tan Sri title, and having very good relationship with state gov top ppl.

In Pahang, landed shoplot can process strata title individually, bcos my friend at other project managed to get strata title ahead of other onwers. My mum unit is a landed shoplot, but sold by level, so I belief the same scenario applies to selective processing.
I found out they selectively process the starta title application when I visited the land surveyor who was appointed to apply for subdivision of land title, they informed me my mum unit is not in the processing list, they just follow instruction from developer. And they told me of more complicated problem with my mum unit, bcos it sits on border of 2 plot of land. I managed to get the developer to start processing application to join the plot of land, but that was 1 and a half years ago, and until now, the lawyer who was tasked to apply for joining the land is still pending to receive signed document from the developer for over a year.

We are helpless.
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You have to initiate the pressure and follow-up on the developer by gathering all affected units to bark. You can also approach your local adun or mp to assist.

Do it regularly with each unit calling the developer monthly. If nothing done, the developer will treat it as non urgent.


xxx2299
post Oct 16 2023, 12:08 PM

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QUOTE(mini orchard @ Oct 16 2023, 11:51 AM)
You have to initiate the pressure and follow-up on the developer by gathering all affected units to bark. You can also approach your local adun or mp to assist.

Do it regularly with each unit calling the developer monthly. If nothing done, the developer will treat it as non urgent.
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Thank you very much, I guess there is nothing much we can do but to constantly pressure the developer

leonamanutd
post Feb 17 2024, 06:03 PM

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My eesidence is landed strata, so far no agm after 2 years stay as, citing no 25% MoT. However, I received letter on maintenance fee increased and it is to paid before first AGM. Anyone knows what is the law for this, is developer able to increase before forming JMB or first Agm?
loonsave
post Mar 12 2024, 11:29 AM

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QUOTE(kelvin_ck1 @ Aug 30 2023, 12:53 PM)
Hi Guys,

The 1st AGM for my condo has just concluded and the owners had gained back control of the Management Corporation.
Straight to the question.
What is the best strategy to get Developer to pay back what is owed to the Management Corporation (see attached) ??

If you want to know more of how we managed to pressure Developer to organise the 1st AGM then continue reading.
It all started with me contacting my friend in DBKL to confirm that we had exceeded 25% MOT strata title owner.
After that, adviced to complaint to COB with a formal letter stating Developer refused to organise the 1st AGM even we had exceeded 25%.
And lo behold, our Management Office publish a notice for the 1st AGM in a month time.
Timeline is close to 2 months from the last message in this forum.
Another note, please get DBKL mobile number if can as the there were no one to pick up if you were to call the general line.
I was lucky as my friend gave one of the mobile contact in the COB's office.

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My condo have exactly the same problem that developer registered the MC, but unfortunately we do not have 25% even after 1 year VP.
kelvin_ck1
post Mar 18 2024, 05:26 PM

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QUOTE(loonsave @ Mar 12 2024, 11:29 AM)
My condo have exactly the same problem that developer registered the MC, but unfortunately we do not have 25% even after 1 year VP.
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My condo after 2 years only ngam ngam passed the 25% mark ... anyway ... getting over 25% strata title needs a concerted effort from each of the owners ... some owners do not have the tens of thousands to do MOT for strata title ....

Rob W
post May 10 2024, 05:30 PM

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My condo has passed a rule banning smoking is all common areas and open areas.

As part of this they have banned smoking and vaping on balconies and imposed a RM200 fine for offenders. The balcony are is part of out unit and not common area.

Whilst Im a non smoker and support this I do have concerns over the legality of this and dictating what we can and can't do within our properly could be open to abuse.

Yes anyone pass a bylaw but these are often in conflict with other laws. Pets was a good example where condo's banned them but DBKL rules allowed them.

Any thoughts?
VIPKYL
post Aug 18 2024, 10:58 AM

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Lately, I (assignee) bought a completed with CCC issued for years' landed property from an assignor and fully paid the purchase price (transaction price). The landed property is gated & guarded, freehold land, strata title issued but the State Authority places a restriction in interest in the Land / property. So, the State Authority Consent is required for sub-sale although all parties agreed with direct transfer. On top of the state authority consent, the developer is not issued the vacant possession to the new purchaser(s) until such time the strata title is registered under the new purchasers' name. In short, sub-sale will take some time to complete the transaction i.e obtain the state authority consent will take months. Worst part, the developer is not allowed the new purchaser(s) to stay or renovate (interior) the property although all legal documents have executed & stamped (SPA, LACA & etc between the original purchaser(s) with the new purchaser(s)). With Strata Title available but no legal binding agreement with the developer & no outstanding amount with the developer. Don't understand why the developer have such powerful right?
happyshirt
post Feb 6 2025, 11:37 AM

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Can funds from maintenance fees be used for festive and religious events? Eg New Year celebrations and Jade emperor prayers etc? Christmas parties
ronnie
post Feb 7 2025, 09:53 PM

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QUOTE(happyshirt @ Feb 6 2025, 11:37 AM)
Can funds from maintenance fees be used for festive and religious events? Eg New Year celebrations and Jade emperor prayers etc? Christmas parties
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Not ethically...
happyshirt
post Feb 9 2025, 09:04 AM

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QUOTE(ronnie @ Feb 7 2025, 09:53 PM)
Not ethically...
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That's what I thought. Thanks
noobieneub
post Mar 18 2025, 04:42 PM

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QUOTE(vincent_ng86 @ Nov 5 2020, 06:07 PM)
Hi guys, am staying in a highrise with low water pressure issue. It is also observed that a good numbers of owners have installed their individual water pumps to increase pressure into their own units.

Questions:
1. Is it legal?
2. If it is not, appreciate your help to point me to the relevant act (tried looking but have not identified anything I can use as a layman) so I can quote it for discussion with the management office.

Thanks!
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Just to share my experience in a older condo. Not advisable. The pipes can't take it, had cases where pipes burst all over, was a nightmare for downstairs units. Would also like to know if this is legal.

This post has been edited by noobieneub: Mar 18 2025, 04:42 PM
noobieneub
post Mar 18 2025, 05:01 PM

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QUOTE(jex-koi @ Oct 12 2021, 04:28 PM)
Problem : Leaking from upstairs

Case is many years old. Management & COB @ MBPJ has issued multiple-notices to the upstairs unit (unit which is leaking), but they refuse to fix/open the door. When ask COB about the next action, they say they can only issue notices only (yes, you read it right,  COB has no power).

Next step will be tribunal (KPKT) or Civil-court case.

anyone has experience this before ?
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Wah, I looked into this before, strata law states that:

If the building manager discovers that the leaking utility does not belong to the complainant, he shall serve a 7-day written notice to the upstairs neighbour for a joint inspection. Denial of access for inspection and rectification work by said neighbour is an offence and may, upon conviction, be liable to a fine of less than RM50,000 or imprisonment of less than three (3) years, or both.

Step 3: If the relevant parcel owner fails to trigger the rectification work within seven (7) days, the management shall forthwith rectify the leakage and charge the owner accordingly. Failure to repay the expenses incurred may lead to a case of default.

https://www.iproperty.com.my/guides/water-l...r-leakage-58458

Curious how your case turned out?

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