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 Properties in Sg Long & BMC V5

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jesline
post Jun 17 2016, 02:21 PM

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My community belongs to F & G. Lately we found out tht the guard house and fencing are illegal. We are made to sign the DMC.

The developer said all these must apply under RA. We are not familiar with the regulations and we are receiving silent treatment from them.

Can any expert enlighten me?

Thanks.

jesline
post Jun 18 2016, 06:43 PM

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QUOTE(Palmwalker001 @ Jun 17 2016, 02:44 PM)
In recognition of a growing problem of security, various local authorities and state governments have issued guidelines for guarded communities. These guidelines do allow erection of guard houses and the employment of private security based on 85% consent by the residents in the area affected. For example, in Selangor, the Selangor Housing and Property Board and the local authorities allow guard houses to be built on the following guidelines:-

i. Applications made through Resident Association (RA) only;

ii. Consent by 85% of the residents;

iii. Agreement must be made between RA and Local Authority;

iv. Guard house without barrier are allowed and the location should not obstruct traffic (situated at road shoulder only);

v. The size of the guard house should not exceed 6ft x 8ft or other sizes that the Local Authority thinks fit and suitable;

vi. The location and design of the guard house must be approved by the Local Authority;

vii. A written consent from Local Authority and Land Administrator (LA) for the construction of guard house on reserved road/vacant land must first be obtained;

viii. Appointed security guards must be registered with Ministry of Home Affairs or with other relevant agencies;

ix. Not to prevent/obstruct passing vehicles from entering the guarded area; and

x. LA and other utility companies are free to conduct their maintenance work in the guarded area.

The authorities do sometimes “turn a blind eye” to allow some form of limited barriers as long as they do not deny access nor unduly obstruct traffic and have the overwhelming support of local residents.

http://www.malaysianbar.org.my/conveyancin...ies_part_i.html
Landmark win for RA
FEDERAL COURT OF MALAYSIA
Au Kean Hoe v. Persatuan Penduduk D’Villa Equestrian [Civil
Appeal No. 02(f)- 50 - 08/2013(B)]
http://www.kehakiman.gov.my/directory/judg...29_Presumry.pdf
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Thanks for the valuable information.


jesline
post Jun 21 2016, 09:52 AM

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QUOTE(samkps @ Jun 20 2016, 02:08 PM)
There are 3 types from my understanding:

1.) Guard house and fencing built by developer / residents, but the management is run by the residents association. Some people call this as FnG. Advantage for this scheme is resident normally pay very minimum maintenance fees. Disadvantage is there is no rule protecting this scheme, residents can choose not to pay the maintenance fees and residents association can't do anything on them, since this scheme is on voluntairy basis.

2.) Guard house and fencing built by developer only, and the management is run by the developer mainly. Units are in individual title. Developer has signed an DMC with the purchaser so the purchaser is bound by some rules set in the DMC. So, there is somehow a "legal document" that require the residents to pay maintenance fees. Some people call this GnG but there are people call this FnG as well. Advantage for this scheme would be the housing area is more properly managed if compared to RA, as developer normally is more experience in handling the issues and generally they are more financially sound compare to residents association. Disadvantage for this scheme is normally the maintenance fees is higher, since developer normally provide more advanced security system to the residents compare to RA (budget issue).

3.) Guard house and fencing built by developer only, and the management is run by the developer mainly. Units are under strata title. Most people call this GnG. Developer has signed an DMC with the purchaser so the purchaser is bound by some rules set in the DMC. On top of that, strata title act does provide protection that every residents must pay the maintenance fees. Advantage for this scheme same as (2) as the housing area is more properly managed if compared to RA, as developer normally is more experience in handling the issues and generally they are more financially sound compare to residents association. Disadvantage for this scheme is normally the maintenance fees is highest, since all the maintenance of all facilities inside the fencing area need be shared by the residents.
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My community falls under 2.)

We have moved in for more than 2 yrs but the the guard house and fencing are considered illegal. The developer claimed the application must be submitted by RA. Is that the proper way?

There is a clause in the DMC stated :

1. it has effect between Housebuyer's Entity and the Purchaser
2. between the purchaser and each of the other purchaser under which each of them agrees to observe and perform the provisions of
this deed and other deed similar to this deed entered into by each of the Other Purchases with the Vendor as in force for the time
being so far as these provisions are applicable to them.

Our main concern is fees collection. Based of the DMC, is that mean RA and Purchaser is legally binded? Does this apply to Sub-sales?

Thanks.

jesline
post Jun 21 2016, 05:32 PM

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QUOTE(Palmwalker001 @ Jun 21 2016, 10:51 AM)
If I understand correctly from above your developer has built guard house and fencing but has yet to apply for the approval of local authority therefore making both facilities "illegal" , instead the developer tell RA to submit application.

IMHO this is definately something wrong, the lay-out plan submitted by the developer to local authority should have included building of the guard house and fencing otherwise how to get CCC support from LA?

If really the case, instead of wasting time to argue with this irresponsible developer quickly apply for approval from LA, you may refer to my earlier post if relevant.

Don't forget to publish the name of this irresponsible developer!!

DMC is a binding documents between buyers and developer but difficult to enforce especially after individual title is issued, RA not strong and developer wash hand, just my two cents..
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We met with their SGM last week.
They proposed to assist us with the application under RA's name.
RA is registered but the residents are not co operative.
The Pro Tem members are so lost. Not sure will move forward or dissolve the RA.

When we purchased the property we were informed there are only Ph 1 and 2. Lately we found out, the developer is going to launch for Ph 3.
Even the S&P and news articles mentioned about 2 phases.

We are deeply disappointed with all these issues.
jesline
post Jun 21 2016, 05:36 PM

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QUOTE(samkps @ Jun 21 2016, 01:37 PM)
If it is illegal, how can the developer build the guard house and fencing at the first place? Developer won't be so naive until don't know MPKJ won't accept such handover on the common facilities if there is no prior approval on the guard house and fencing. My guess would be it is actually the first category, but developer tends to "polish" it as second group, to boast the sale price.

Please take note that when the management is given back to RA, that's mean the DMC is no more valid, because it is an agreement between the purchaser and developer, and not the between the RA and the developer.

For a real second group project, the developer will settle the guard house and fencing issue with the local authority and will manage accordingly until exit.
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The developer is hiding from us.
We got to know about it when we requested them to relocate the guard house to the centre as it is more functionable.
When we queried about the illegal guard house and fencing, they claimed they are not allowed to apply.
jesline
post Jun 21 2016, 08:51 PM

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QUOTE(Palmwalker001 @ Jun 21 2016, 01:44 PM)
How come? I remember SHL hand over the guard house of Palm Walk together with the approval from MPKJ, even though there is no DMC or whatever.
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That's my understanding too. How could the developer selling property with illegal guard house n fencing? In a way they are making the residents to pay maintenance fee for something illegal.
jesline
post Jun 21 2016, 08:54 PM

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QUOTE(Palmwalker001 @ Jun 21 2016, 06:39 PM)
If the developer propose to assist that not too bad, engage them actively and go ahead to "legalise" the security facilities. 

This is not the first time this award winning developer didn't keep his promise, check the forum you will know.

Anyway, for the sake of your community safety, this is better to apply sooner than later.
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Thanks for your advice.

Pro Tem is very disappointed with the residents' response and attitude. What if we really dissolve RA?


jesline
post Jun 22 2016, 11:00 AM

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QUOTE(samkps @ Jun 21 2016, 10:03 PM)
Request the developer to assist the RA to send in the application, it shall involve some technical documents about the layout plan of guard house, fencing layout, etc.. More importantly, need to get at least 70% signatures from all the residents that they support to have the guard house and fencing..

Ultimately RA needs to handle the guard service, to run it, definitely needs the contribution from residents. If there is no RA and developer wash hand, it will be difficult to run the security service anymore, bad impact to every resident as well.
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The developer is wiling to assist because they are going to launch Ph 3 end of this yr.
When we mentioned we are going to dissolve RA and this community is not going to be guarded, they looked worried. No more selling point to them.

This post has been edited by jesline: Jun 22 2016, 11:46 AM
jesline
post Jun 22 2016, 02:02 PM

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QUOTE(samkps @ Jun 22 2016, 01:03 PM)
Indeed. Use this "golden opportunity" to press the developer to assist the RA as much as possible on the application, especially preparation of technical documents for submission to the local authority. RA normally can't provide those documents and they need to appoint external company to do it and it will take cost (from RA / residents) for sure.

Developer has the team I presume and hence should ask them to assist your RA on this.
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Due to no or bad support from the residents, we are seriously considering to dissolve the RA. Pro Tem is worried of collection of fees. What will happen if majority not willing to pay?
Is RA going to responsible for everything?

May I have your opinion? Do you agree to move forward with RA?
jesline
post Jun 22 2016, 02:52 PM

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QUOTE(Stefan_Lam @ Jun 22 2016, 02:16 PM)
so funny bad support? I thought every1 prefer guarded..
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Majority prefer to b guarded without paying. Pro Tem really hv no choice but to dissolve. Beside no one volunteer to contribute. We feel very upset n discouraged.

This post has been edited by jesline: Jun 22 2016, 03:07 PM
jesline
post Jun 23 2016, 12:05 AM

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QUOTE(Palmwalker001 @ Jun 22 2016, 10:04 PM)
Do your community pay last 2 years?
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RA has not take over officially. Based on the aging account, it seems 80% r not paying.
jesline
post Jun 23 2016, 11:33 AM

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[quote=Palmwalker001,Jun 23 2016, 09:33 AM]
In order to legalise the guard house & fencing, I think your RA may need to go door to door explain to the residents, at least 75% required understand from Bro Daniel, get developer to step in as they propose to help.

After legalise the facilities, check if there is room to lower the maintenance fee to encourage more residents to join. How much maintenance fee need to be paid currently, is it exorbitant?

For those not participate for the scheme, the following scenario in a decided case may be applicable.
At a meeting held on 21 July 2007, the residents of the housing estate had unanimously agreed that those who do not pay for the security and maintenance charges will not enjoy the facilities provided by the guards at the gate or the
security

Currently Ph 1 (semi d a s ZL) is paying rm240 mthly n Ph 2 (superlink) is paying rm130 mthly.
We are curious why the variance is big.

No way to reduce as the total collection (100%) is barely to cover the expenses. In fact we are intended to revise the rate.

Our security services is paid at rm8 per hr.
jesline
post Jun 23 2016, 03:28 PM

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QUOTE(Palmwalker001 @ Jun 23 2016, 12:34 PM)
If RM8 per hour with 3 guards per shift, security fee after GST with 10% buffer approximately RM20K per month, how many semiD & superlinks in your area?
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5 guards per shift

88 units of semi-d and zl
7 bungalow lands (rm250 mthly)
85 units super link
jesline
post Jun 23 2016, 04:53 PM

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QUOTE(Palmwalker001 @ Jun 23 2016, 03:41 PM)
If 100% pay, your maintenance fee received should be RM33,920, why need 5 guards per shifts are there multiple entry/exit points?

With 5 guards the security fee +GST about RM31K+ compare to RM18.6K for 3 guards per shift.

Even with 70% residents pay your collection is around RM23.7K as such you should either reduce the number of guards per shift or reduce the security fee per hour without compromise on safety.

Please note that only local or former Nepanese soldiers are valid security guard if Pakistani sure illegal.
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Ours is single entry/exit.
Do you think 3 guards are sufficient?
We put 2 guards at the guard house. Remaining 3 will be at specific spots.


How many units in Palm Walk?
How much is your security services?

Our security guards are from Nepalese. How about yours?

This post has been edited by jesline: Jun 23 2016, 04:54 PM
jesline
post Jun 23 2016, 05:29 PM

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QUOTE(HarpArtist @ Jun 23 2016, 05:10 PM)
even at daytime?  how large an area are they covering? many weak perimeter places to sneak in? if not too much i think 2 at the guardhouse and 1 patrol guy is enough...
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26 acres.
surrounded with fencing
There're two break in recently.
Happened at the same time. The burglars jumped to next unit and the alarm trigerred .
Around 4 am jumped from the hill slope behnd their backyard
The victim did not arm alarm, did not install grille and did not close their window.

Any advice?

This post has been edited by jesline: Jun 23 2016, 10:49 PM
jesline
post Jun 23 2016, 08:15 PM

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QUOTE(Palmwalker001 @ Jun 23 2016, 06:42 PM)
Having 5 guards on a shift does not guarantee no house break in, but will make your RA having difficulty to maintain continuously.

With single entry/exit point, 26 acres and less than 200 household units, 3 guards on day time is sufficient, if required additional one guard station at night time for some specified period may be workable.

But first thing first, get the consent from local authorities ASAP.
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Tks for your valuable advice.
Will discuss among the Pro Tem.

Security services at rm8 per hour is the current market?
jesline
post Jun 23 2016, 08:17 PM

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QUOTE(danielisme @ Jun 23 2016, 07:26 PM)
Since developer want launch another phase it's gd time for residents to nego with developer to enhance the perimeter security like add on balb wire , laser beam and increase the fencing height then RA can reduce the guards then monthly can have extra fund .
Normally the residential with semi d and Banglo
6 feet Fencing and guards may not enough to stop crimes .
Esp the outer perimeter is forest .
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We did request for barb wire n to increase height of fencing. The developer did not approve.

jesline
post Jun 23 2016, 10:52 PM

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QUOTE(Palmwalker001 @ Jun 23 2016, 10:41 PM)
For guard with valid permit for former Nepalese soldier I think RM8/h is acceptable
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Does it made big different between local and Nepalese guards?
Some suggested to hire local guards as it is cheaper.
jesline
post Jun 23 2016, 10:54 PM

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QUOTE(LD Jr @ Jun 23 2016, 10:23 PM)
Are you from bsl 1?
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Sorry i am not fm bsl 1.
jesline
post Jun 23 2016, 11:37 PM

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QUOTE(Palmwalker001 @ Jun 23 2016, 10:58 PM)
As long as it is legal why not?

Understand that some Indian underground society has became security guard in some taman in BMC. Stay away from this organization.
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I really learned alot from you.
Deepy appreciate for your advice


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