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 Overdue Defect Notice & Witholding Stakeholder Sum, Sample Letters

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Ichighost
post Dec 17 2020, 01:52 PM

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358 posts

Joined: Aug 2008
From: Oxpod



QUOTE(djagito @ Oct 9 2020, 12:54 AM)
i think u may be able to rely on this. write to them and quote regulation 56(1) of the SMR:
"If the leakage is not covered by the SPA, then notice may be served by the owner of the affected parcel on the developer or the Joint Management Body (JMB) or the Management Corporation (MC) or the Subsidiary Management Corporation (Sub-MC), whichever applicable. This is provided for in regulation 56(1) of the SMR. What regulation 56 essentially means is that you serve notice on the body responsible for the maintenance and management of the common property"

> sos ketchup: https://www.edgeprop.my/content/1605075/int...ovisions-matter

...and if they still don't reply, then write to them and quote Limitation Act:
"With the recent Limitation (Amendment) Bill 2018 which was passed in April 2018, buyers will now have a time limit of 3 years from the date that the defects were DISCOVERED to bring an action against the developer."


> sos cili: https://www.iproperty.com.my/guides/what-to...period-dlp-faq/

...if still not reply, maybe it is time 2 get loyar...
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the limitation of 6 years still applicable now? regardless of when the latent defects were discovered.

QUOTE(eikhwan4 @ Dec 14 2020, 11:30 AM)
hi all i heard that the new act 829 - temporary measure for covid -19 said dlp can be extended for those who eligible within the period of dlp not being calculated. anyone has tried?
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the DLP period between 18 March 2020 to 31 August 2020 will not be calculated as part of the DLP period.

if you need more, can write to KPKT and if granted will extend until 31 December 2020.

This is based on the Temporary Measure For Reducing The Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020. Clause 36.

This post has been edited by Ichighost: Dec 17 2020, 04:33 PM

 

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