QUOTE(aurora97 @ May 27 2016, 12:11 PM)
3.1.2 unique questionsThere’s no such thing “WHAT YOU SEE IS WHAT YOU GET IN SHOWROOM” and developer will turn around and say “FOR ILLUSTRATION ONLY”.a- Anything provided by developer (example fixture, furnishing, toiletries, flooring or electrical etc…)Ask for brand name, model and serial number. After that confirm in writing with developer. If developer not willing to confirm, things are VERY likely to change.
Case in point:-
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No names. Showroom had presented an “Electrolux” fridge, during VP a “Sharp” brand fridge was given and it was a very old model.
No names. Toiletries were supposed to be an establish German brand (as I was told), later became “ToTo” an Ok brand.
There are two types of developer to this scenario. The conventional type normally will deliver VP within 36 months from the date of SPA. Whereas, there are some will deliver VP within 48 months from the date of SPA.
In my own personal view, it would be preferable to select the following:-
(i)
if fixture and fittings provided, go for 48 months (case in point Exsim, they use the additional time to fit out the development); or
(ii) if bare unit, go for 36 months (case in point UOB).Those who promise to deliver fixture and fittings within 36 months, likely than not is a rush job and electrical goods purchased are general out dated or old model.
b- maintenance and sinking fundThis use to be and SOP question but many people has been caught by surprise especially the amendment to SMA 2015.
Case in point:-
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No name. In showroom, we were told the maintenance charge was about 0.35-0.38c psf. When the unit was VPed, we got the shock of our lives because it was close to 0.44c.
As such, don’t believe every garbage that the sales rep feed you with. They survive on commission and are hell bent on reaching into your pocket.
What should you do?
Step1:-
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Request a copy of the SPA and immediately flip to the last page and browse through Schedule 5. It should tell you the maintenance fee chargeable psm (per square meter). DISCLAIMER: likely than not their SPA is not ready and they are not able to show you Schedule 5 of the SPA.
They will normally tell you Schedule H is standard but what they don’t tell you is that Schedule 1 to 6 can be changed, this is where you will likely to be get screwed over.
Step 2:-
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(i) determine your parcel size.
(ii) determine your accessory parcel size. (will discuss later what are accessory parcel)
Step 3:-
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Apply formula:-
Area Parcel is: 1,000 sf or 93 sm
Accessory (Private lift) is : 100 sf or 9.3 sm
Accessory (Car Park) is: 100 sf or 9.3 sm
The following is the calculation:-
[Area Parcel + (Accessory Private Lift + Car Park/ 2)] x amount per allotted share unit = RM X payable per month
c- Accessory ParcelUnder the old regime, until the Strata Title is issue… All this accessory parcel will not be reflected in your maintenance charges and therefore absorb by the management. This is technically unfair to those owners who own a large chunk of accessory parcels (example 3 car parks, 5 air conditioning ledge, 2 private lift lobbies as opposed to 1 car park, 1 air conditioning ledge).
So the SMA made it fair.
However, there are some instances this good intent is abused. Take private lift lobby for instance. The Developer will normally advertise their unit is say 1000 sqf, more privacy with private lift lobby etc… What the developer doesn’t tell you is that the private lift lobby is actually an accessory parcel to the main parcel. Meaning that it is actually 900 sqf you r getting with additional 100 sqf attached.
Hi,
I am relatively new here. Your post is long and I must say that I agree with certain points written.
I could be wrong but here is what I think.
I am one of those that who doesn't believe in "What you see is what you get."
Specify the brand name, model number etcNot that I know of that it is a requirement under HDA, don’t think it is in the amended HDA either. Tell me more if there is such requirement.
I think, developer will be reluctant to specify brand name or model number due to a lot of uncertainties especially when the construction project has yet to be awarded, but that doesn’t mean that they have intention to cheat.
Free gift such as electrical appliances, may probably get a letter of confirmation from the developer if they are willing to provide such confirmation. In cases where confirmation in writing is provided, the developer would have qualified it as “ … or a substitute by other material of equivalent value.” or " the developer reserve the right to...." kind of things.
Those days when property was selling like hot cake, we were lucky if developer print a letter to list down the “free package” items in a “COMPUTER GENERATED LETTER AND NO SIGNATURE IS REQUIRED” letter.
It really depends on buyer’s and seller’s bargaining power, no right or wrong. For me, I don’t put high expectation on this “free gift” unless written confirmation is provided.
Fiiting and fixtures vs 36 months, 42 months, 48 months completion period As far as I know, there is little relationship between the “free package” items and the completion period of more than 36 months.
The reason why a developer is granted approval to amend the completion period from 36 months to 42, 48 months or more, is because it requires a longer time to complete the project, site conditions, a taller building, higher number of units etc are the possible reasons to justify the longer completion period. The free package, built-in cabinets etc, generally are not stated in the SPA, as such, is quite irrelevant to be a factor for decision making.
Schedule 5 – Form of Service Charge StatementA lot of people have a misunderstanding of this Fifth Schedule.
It is not required to write down the service charge per square metre, to be exact, per share unit in the Fifth Schedule of the SPA. The SPA says when developer request for service charge “shall be supported by a charge statement as issued in the form annexed in Fifth Schedule .” ie, the amount need not to be decided or written in the SPA at the point of purchase, but when they request for payment.
6th ScheduleTo be exact, there is no Schedule 6 in the standard Schedule H. What developers do is that, they are amending the format in such a way that all the variable information to be stated in one page for convenience sake. Normally this page consists of purchaser’s and property’s particulars. These are the very important information . But, won't be surprised if your SPA doesn’t have 6th Schedule, it is not wrong.
Accessory Parcel and service charge calculationThere is no doubt a common old practice that developer will just calculate service charge on psf basis.
However, it is a requirement in the SPA to charge base on per share unit basis, even before SMA.
Share unit when decided by developer’s consultant, is normally base on floor area, and thus the mis-perception, ie people thought it is psf basis. The fact is, even before SMA, there are developers charging service charge base on floor area (main parcel) + accessory parcel (even same weightage as the main parcel).
The difference is that, it is only until SMA come into picture, the weightage of accessory parcel has been standardized.
There are more, may be next time……
Again, I could be wrong. Cheers!