Aug 10 2016, 12:08 AM
QUOTE(IReallyNeed Answers @ Aug 9 2016, 07:02 PM)
Dear sifu with knowledge of condo management,
My new condo VP Jan this years, after some hoohaa from defects repairs to being sue and paying damages, I tot we could finally enjoy some time off.
But shits happens,
Recently we start receiving an invoice (from developer) asking for tnb deposit for bulk meter(common area).
I'm suprised as I never heard this before, upon asking other ppl in the same line, they verify that it's rare but not illegal, and usually happen because management no more money.
So we start questioning the management team (still under dev) they responded with half assed answers and say it's required by tnb with further instruction that it need to be pay within 14 days as per snp clauses (which they conveniently left out the part that say the vendor(developer) is to bare all cost)
There was no mentioned on other reason to pay the tnb bulk meter deposit.
We then proceed to ask to see the management Acc to verifies what's happening and again, they replied that we can see till jmb is form.
What's fellow sifu opinion and suggestion in this case?
Can give some advise what to do?
I think the developer is pretty cheeky exploiting a loop hole in the SPA, possible is an old trick.My new condo VP Jan this years, after some hoohaa from defects repairs to being sue and paying damages, I tot we could finally enjoy some time off.
But shits happens,
Recently we start receiving an invoice (from developer) asking for tnb deposit for bulk meter(common area).
I'm suprised as I never heard this before, upon asking other ppl in the same line, they verify that it's rare but not illegal, and usually happen because management no more money.
So we start questioning the management team (still under dev) they responded with half assed answers and say it's required by tnb with further instruction that it need to be pay within 14 days as per snp clauses (which they conveniently left out the part that say the vendor(developer) is to bare all cost)
There was no mentioned on other reason to pay the tnb bulk meter deposit.
We then proceed to ask to see the management Acc to verifies what's happening and again, they replied that we can see till jmb is form.
What's fellow sifu opinion and suggestion in this case?
Can give some advise what to do?
From first reading, of 22(1) it seems to suggest that the cost of laying the utilities and application for connection to the Parcel is borne by developer then 22(2) skips everything else and goes straight to "deposits" for installation of the utilities meters and the vendor shall bear all other cost.
I think the key word missing in 22(2) is the word "Parcel". This would have clarified a lot of things. Unfortunately, it's not there so we will have to work with what we have.
indeed 22(2) did state payment of deposit but normally this is with reference to utilities consumed by the parcel. there is nothing in the agreement that say you have to pay deposit for common area facility i.e. electricity bulk meter.
So perhaps you manage to win this argument, then the developer say... hey look your maintenance fund doesn't have enough monies to pay for the deposit.
If you look at 18 and BCPA 2007 (now superseded by SMA 2013), you will find no where does it mentioned payment for deposit for electricity bulk meter. You will see the maintenance charges recurring theme is "maintain and manage" the common facilities. In addition to that, the developer will need to justify such payment of fees in schedule 5 (see 18(4)).
The end result... looks like you don't have to pay for "bulk" meter electricity deposit. On the other hand, the SPA is not too helpful as to who's responsibility is it...
I can only conclude if authorities not willing to wade in on this issue it will be a stalemate...
perhaps you should refer this to housing tribunal.
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