Welcome Guest ( Log In | Register )

Forum Announcement

New Registrations disabled until further notice.

Bump TopicReply to this topicRSS feed Start new topic Start Poll

Outline · [ Standard ] · Linear+

> Overdue Defect Notice & Witholding Stakeholder Sum, Sample Letters

ppldmc
post Sep 14 2009, 04:53 PM

New Member
*
Group: Junior Member
Posts: 28

Joined: Sep 2009
My developer is having the denial / indecisive attitude regarding my defect list complaints....one of the defect item about outdoor paint peeling off (actually it happens to the whole block of few 2-storey houses...), the developer keep dragging the issue....and even saying that it is 'CAME AS IT IS/PART OF THE DESIGN'....'YOU SEE WHAT YOU GET'....

Shouldn't outdoor paint peeling also part of normal defect that developer should fix??? Just wonder why todays developers quality getting bad to worse...and worst....

Should I have to go down this path....get the withholding stakeholder sum and get it repaint? (such a simple job for them....)
howeijie
post Mar 3 2010, 11:52 PM

On my way
****
Group: Senior Member
Posts: 530

Joined: Mar 2006
From: Malacca and Kuala Lumpur or Petaling Jaya



I am having the same problem with Equine Property.


aaronpang
post Mar 22 2010, 10:22 AM

Cat Exterminator
******
Group: Senior Member
Posts: 1,841

Joined: Jan 2003
From: Kuala Lumpur
If it's after DLP or if the stakeholder funds have been released the above does not apply...

Anyway if it's the upstairs apartment leaking you'll have to complain to the Management Office of your apartment.

They will investigate and if the leak is due to the upstairs apartment then your upstairs neighbor will have to fix it. On the other hand if the leak is from a common pipe etc the management office is responsible.
luvjim
post Jul 28 2010, 03:20 PM

last resort
*****
Group: Senior Member
Posts: 823

Joined: Mar 2006
From: Puchong
QUOTE(adrianocy @ Mar 8 2007, 02:08 PM)
i found another useful website here...

http://www.botanicowner.com/Investor.html
*
Thanks.

Very useful website to guide on write proper defects list and complaint letter.
redwin
post Oct 12 2010, 10:06 PM

New Member
*
Group: Junior Member
Posts: 10

Joined: Jan 2009
Oops! Google Chrome could not find www.botanicowner.com

QUOTE(luvjim @ Jul 28 2010, 03:20 PM)
Thanks.

Very useful website to guide on write proper defects list and complaint letter.
*
kok_pun
post Oct 14 2010, 12:28 PM

Mortgage Expert
*****
Group: Senior Member
Posts: 741

Joined: Oct 2009
my kuchai avenue takes 2 months to fix all the defects
shihyao
post Nov 9 2010, 04:35 PM

New Member
*
Group: Junior Member
Posts: 5

Joined: Jun 2005
Can I claim 5% from stakeholder lawyer or developer if certain damage caused by developer during the rectification work. The rectification works involve: -

1. Break the plaster ceiling to fix water leaking at ceiling.
2. Hack the wall and replace missing air-cond copper hose.
3. Replace floor tiles at living room and bed rooms

My concern is how can I claim the developer if they spoil my plaster ceiling, furniture and make dirty on my wall?

I have research on internet and found no information. Hope you all may give me advise.

Thank you.
mohag
post Nov 20 2010, 09:10 PM

New Member
*
Group: Junior Member
Posts: 6

Joined: Nov 2010


Good info here... getting my keys soon. Don't know what to expect yet...
pgsiemkia
post Jan 7 2011, 02:53 PM

Getting Started
**
Group: Junior Member
Posts: 73

Joined: Dec 2009

QUOTE(shihyao @ Nov 9 2010, 04:35 PM)
Can I claim 5% from stakeholder lawyer or developer if certain damage caused by developer during the rectification work. The rectification works involve: -

1. Break the plaster ceiling to fix water leaking at ceiling.
2. Hack the wall and replace missing air-cond copper hose.
3. Replace floor tiles at living room and bed rooms

My concern is how can I claim the developer if they spoil my plaster ceiling, furniture and make dirty on my wall?

I have research on internet and found no information. Hope you all may give me advise.

Thank you.
*
Hello, the developer will have to repair the damage done during the defect rectification. They are bound by the clause whereby the 5% cannot be released until all defects are rectified. The lawyers holding the money is the S&P lawyers (who are acting for the developers), please do not go to the wrong lawyers..

The warranty period is 2 years and any more than that, you will need to show proof that the damage was caused by the developers themselves and not by tenants doing renovation. The law is a bit susah here (think Highland Towers) as the process can be very lengthy, so its best to spot the defects immediately but some are not so evident like properties built on landfill and mining pools or near slopes. shocking.gif doh.gif

Also not easy to claim the 5% from the lawyers as they are working for the developers (cos most developers pay the legal fees for you, I would be suspicious) so its better to ask them to repair it themselves and not allow the 5% to be released, a cc to the Bar council and the Housing Ministry, complaints department is a better bet. thumbup.gif

Also before you collect the key, make sure that the developer has a checklist or you can do one yourself and if not all is 100% marked off, then do not accept the key and ask them to rectify the problem. Any delays by the developers and they will have to pay a late delivery penalty, so you need to remind them..usually first time developers. The more experienced ones will have a proper checklist and a site clerk/supervisor to attend to you and not just a foreigner passing you the keys. rolleyes.gif

Reminder : Please change the front door lock or get a grill installed before you start any renovations/installation of lights and fan as the guy fixing the locks can never be trusted. whistling.gif

Sophieb
post Apr 20 2011, 10:41 PM

New Member
*
Group: Newbie
Posts: 1

Joined: Apr 2011
QUOTE(luvjim @ Jul 28 2010, 03:20 PM)
Thanks.

Very useful website to guide on write proper defects list and complaint letter.
*
Yep, nice website, thanks for the link.
anjakan_putera
post Aug 2 2011, 02:11 AM

New Member
*
Group: Junior Member
Posts: 7

Joined: Jan 2011


I have some i question apprecite you guys can share your experiance.
1. Can I move in to my apartment eventhough the rectification work has not been start ( after 30 days from defect list been made). Assume developer still can repair eventhough we had move in.
2. Or is it adviseable if wait for another 14 days for developer to fix it.


Oaks
post Dec 6 2011, 02:57 AM

Getting Started
**
Group: Junior Member
Posts: 85

Joined: Sep 2008


Hi! Guys, you have experiences for owner's internal individual unit. Usually the owner himself will be responsible to inspect and accept the defects in his own unit. What about the defects on the common areas such as car parks, corridors, lifts, gym, external facade wall, etc? What or who will inspect/ audit and push the dev to rectify the defects? (before the JMC is formed). After all, it affects every owner.

Sure, they will tai-chi that to the management and vice-versa. Which channel should we go to?

RVP11
post May 16 2012, 10:07 PM

New Member
*
Group: Junior Member
Posts: 22

Joined: Mar 2012
hi all,

Sorry to interrupt you. does anybody know any developer firms are practicing build then sell (BTS) concept (not necessary all the housing projects, but some) in housing development? .it help in my final year project.

Thank you.

DrTay
post Sep 9 2012, 12:56 AM

New Member
*
Group: Junior Member
Posts: 40

Joined: Jan 2011


Dear Legal Experts and Proerty Experts,

I have a major dilemma here that I hope you can help me. I bought a high end condominium in Feb 2011, and moved in Dec 2011. A week after that, my bathroom was flooded with sewage water that flown out from the shower drain in my bathroom. I am staying on the first floor. Because it was weekends, the developer didn't send in their plumbers to rectify it immediately. I had to than a few days of this shit and urine in my bathroom for 2days before they came in and cleared the waste. And upon investigation, they blamed it on the contractors above my units who might have thrown rubbish into the drain and caused the blockage. During that time when the plumber was checking the piping in my house, he kept mumbling that the developer used cheap labour and cheap materials that's why so any problems. I couldn't sleep well the few nights, i stayed in the unit regardless, cos i feared that the Waste would flow out of the bathroom and damag my bedroom.

I thought after they cleared the rubbish that had clogged the drain, everything will be fine. But after a few days, it happened again! Same shit problem! I wrote to the director of the developer, she replied it is normal fr the first floor unit to kena this problem. After they cleared the debris and changed the pipes, they said they won't promise it won't happen again.

I got phobia after that incidents. I did not dare to use the bathroom, cos I feel that it's so unhygienic and unhealthy to use a bathroom that was flooded with human waste. I did not even dare to sleep in the master bedroom because every time I hear water noise, I will freak out and worried that same shit problem happen again. So, I moved to a second bedroom and leave the master bedroom unused. Imagine how sad I was paying 790k, but I didn't use the master bedroom or the bathtub that I have been longing to use.

A few nights ago, which means 9months after, same shit happened again. But this time is worst. I came home and even before I reached my door, I smelled urine and shit, and I could see sewage water flowing out non stop from my house!

It flooded my house! It contaminated my whole house including the bed, wardrobe, electrical items, kitchen, timber floorings, and etc.

I called the person in charge on his cell, he said its 10:30pm, he can't do much, the plumber won't come, he asked me to wait until next day, but he couldn't promise what time of the day.

Damn it, my neighbors came and helped me, we alerted the security guards, and they informed the management. The maintenance team from the management team came and took a few hours, before they managed to help me to unclog the pipe below. Me and my neighbors had to sweep out the human waste out if my unit.

I called the bloody developer rep the next morning, she said nobody informed her of anything. I sent an email to them and the director two hours before I called. She said we can't check the mail because the secretary only has the access to the email, and that the director is not in the office.

After I scolded them, she finally sent the plumber in and took a look, but he didn't give me an definite answer or solution. The developer didn't reply me either since then. Not even regarding the denying fees that I had to fork out.

I am devastated. None of my friends can help me in the legal advice. The lawyer friends said they are not expert in this.

Please help me guys.

Not to mention, it's has been 3weeks that they ignored my complain about the water leaking in my second bedroom wall, even after I threatened to bring this issue to public. I wrote almost 10emails but none was replied.
Please help me.
nookie188
post Sep 9 2012, 06:07 PM

Look at all my stars!!
*******
Group: Senior Member
Posts: 2,321

Joined: Jan 2012
[quote=DrTay,Sep 9 2012, 12:56 AM]
Dear Legal Experts and Proerty Experts,

......

unquote

oops - i posted a reply in another section..

anyway, your answer is right here! smile.gif inform the lawyer /stakeholder in writing to hold back the 5% and this will force the developer to do something about
your problem as this 5% is NOT a small sum...all the best and do come back and let us know the outcome..
DE.si.MON
post Sep 19 2012, 11:54 AM

Enthusiast
*****
Group: Senior Member
Posts: 761

Joined: Nov 2004
From: Kuala Lumpur


anyone know if the last payment 5% will only release to developer after 18month or after VP? Still within the warranty period. Warranty period start on VP date?
jack2
post Oct 2 2012, 09:05 PM

Mr
********
Group: Senior Member
Posts: 10,442

Joined: Oct 2004


If the defect notice has overdue and past 2 years whereby developer has no responsibility on any further defect, if there is water leaking from toilet and affected downstair owner, who should be responsible for the repair cost?
alex_cyw1985
post Oct 2 2012, 09:08 PM

Regular
******
Group: Senior Member
Posts: 1,173

Joined: Jan 2003
From: Malacca



warranty over.

you, management and another owner should sit down and discuss to fix it.
jack2
post Oct 2 2012, 09:12 PM

Mr
********
Group: Senior Member
Posts: 10,442

Joined: Oct 2004


QUOTE(alex_cyw1985 @ Oct 2 2012, 09:08 PM)
warranty over.

you, management and another owner should sit down and discuss to fix it.
*
Really?

My friend kena this whereby his downstair owner said if my friend didn't repair, he will ask lawyer to issue demand letter for the repair.

This post has been edited by jack2: Oct 2 2012, 09:13 PM
JingeBeLLLL
post Nov 22 2012, 04:13 PM

New Member
*
Group: Junior Member
Posts: 15

Joined: Aug 2012


Hello! I'm having an issue with my housing developer.
I've submitted my first defect checklist to them and they took about 3 months to settle all matters before I decided to make claims from the stakeholders.

Thought I can proceed with my renovation as I couldn't afford to wait anymore and yet other major problems popped out. Filed complain 3 weeks ago and no rectification has been done yet to date.

This is still within the DLA period. What other measures can I take? I have to start renovating, am planning to move in by the end of this year. ANY SIFUS HERE PLEASE ADVISE ME. icon_question.gif icon_question.gif

3 Pages < 1 2 3 >Top
Bump TopicReply to this topicTopic OptionsStart new topic
 

Switch to:
| Lo-Fi Version
0.0828sec    4.19    6 queries    GZIP Disabled
Time is now: 19th December 2018 - 07:36 PM