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> Electric and Water deposit for common area, Vacant Possession

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TSkgoh13
post Jun 9 2016, 07:46 PM, updated 8y ago

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My condo developer request buyers to pay electric and water deposit for common area as additional charges in vacant possession before passing key to us. Is it true that we should pay or developer should pay?
enriquelee
post Jun 10 2016, 01:49 PM

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It should be covered under your monthly maintenance fee.
shaniandras2787
post Jun 17 2016, 10:08 AM

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QUOTE(kgoh13 @ Jun 9 2016, 07:46 PM)
My condo developer request buyers to pay electric and water deposit for common area as additional charges in vacant possession before passing key to us. Is it true that we should pay or developer should pay?
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What type of property are you purchasing? Is it a condominium, SOHO, SOFO, SOVO etc?

If it's a purely residential property, it is highly unlikely that owners are required to pay deposits for utilities supplied to the common properties. Your monthly maintenance charges are for that, to "maintain" the property. You are only responsible for paying the deposits for utilities supplied to your own property only.

Check back again with the developer and ask them which provision in the HDA they are relying on for the demand.

I wish to know this too because so far, I have not heard of this, yes.
TSkgoh13
post Jun 24 2016, 11:14 AM

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QUOTE(shaniandras2787 @ Jun 17 2016, 10:08 AM)
What type of property are you purchasing? Is it a condominium, SOHO, SOFO, SOVO etc?

If it's a purely residential property, it is highly unlikely that owners are required to pay deposits for utilities supplied to the common properties. Your monthly maintenance charges are for that, to "maintain" the property. You are only responsible for paying the deposits for utilities supplied to your own property only.

Check back again with the developer and ask them which provision in the HDA they are relying on for the demand.

I wish to know this too because so far, I have not heard of this, yes.
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It's a purely residential property. Contacted the developer, the reason given is TnB is requesting RM500k+ for common area deposit which is RM1.6k per unit due to 3 phase power supply. Maintenance fee is too low to cover it. They have the right to do so as stated in S&P number 22. We bought the issues to Commissioner of Buildings and still waiting for their reply. sad.gif

shaniandras2787
post Jun 24 2016, 11:48 AM

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QUOTE(kgoh13 @ Jun 24 2016, 11:14 AM)
It's a purely residential property. Contacted the developer, the reason given is TnB is requesting RM500k+ for common area deposit which is RM1.6k per unit due to 3 phase power supply. Maintenance fee is too low to cover it. They have the right to do so as stated in S&P number 22. We bought the issues to Commissioner of Buildings and still waiting for their reply.  sad.gif
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If they are claiming the monies because TNB "demanded" then check back your sale and purchase agreement and/or brochure. See the specifications for electricity supply, if it was already provided that the property will come with 3 phase.

Although the developer is entitled to charge such additional payments but there is a limit to it.

Do keep us updated.

This is something new and we can all learn from it.

Good luck.
peri peri
post Aug 9 2016, 11:26 AM

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its just a deposit, meaning you can get it back.

but rm500k deposit on common facilities is too ridiculous.

which condo is this?
cc5984
post Jan 18 2017, 08:39 PM

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QUOTE(peri peri @ Aug 9 2016, 11:26 AM)
its just a deposit, meaning you can get it back.

but rm500k deposit on common facilities is too ridiculous.

which condo is this?
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I bought a condo recently and I just got the keys. Unfortunately, the condo management don't refund water and electricity deposit, they ask the seller to claim the deposit from buyer instead. vmad.gif

Does the seller even has the right to claim from buyer on such deposit?
peri peri
post Jan 18 2017, 10:52 PM

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QUOTE(cc5984 @ Jan 18 2017, 08:39 PM)
I bought a condo recently and I just got the keys. Unfortunately, the condo management don't refund water and electricity deposit, they ask the seller to claim the deposit from buyer instead.  vmad.gif

Does the seller even has the right to claim from buyer on such deposit?
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if all are bulk meters and controlled by JMB, then yes.

shaniandras2787
post Feb 1 2017, 05:25 PM

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QUOTE(cc5984 @ Jan 18 2017, 08:39 PM)
I bought a condo recently and I just got the keys. Unfortunately, the condo management don't refund water and electricity deposit, they ask the seller to claim the deposit from buyer instead.  vmad.gif

Does the seller even has the right to claim from buyer on such deposit?
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I assumed your purchase is through a sub-sale transaction.

It's the management's prerogative if to refund the deposits or not but then again, no hassle actually. Your solicitors should handle the apportionment prior to releasing the money to the vendors anyway.
cristocat
post Sep 8 2018, 06:13 PM

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QUOTE(kgoh13 @ Jun 24 2016, 11:14 AM)
It's a purely residential property. Contacted the developer, the reason given is TnB is requesting RM500k+ for common area deposit which is RM1.6k per unit due to 3 phase power supply. Maintenance fee is too low to cover it. They have the right to do so as stated in S&P number 22. We bought the issues to Commissioner of Buildings and still waiting for their reply.  sad.gif
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did your case resolved?

 

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