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 Overdue Defect Notice & Witholding Stakeholder Sum, Sample Letters

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djagito
post Oct 8 2020, 11:54 PM

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Joined: Jun 2008


QUOTE(chefe @ Jul 3 2020, 04:50 PM)
Hi all,

I appreciate any comments or advice from you.
There are water leakages on walls and ceilings at various areas in my condominium. All these walls and ceilings are adjacent to the 2 bathrooms in my unit. Some are detected and reported as defects during the defect liability period (ended on end of Jan 2020). Some leakages only surfaced after the DLP, i.e. during the CMCO. Until now, the water leakages still continue to spread to other areas with mold and tiny insects. The leakages have damaged my wallpaper too. The developer asked me to compromise to fix back my damaged wallpaper myself if they have to hack this wet wall.

The developer seem to be only focusing on rectifying the defects reported during the DLP. After PU injection was done (after the CMCO) at my unit at this area, another water leakage immediately surfaced on a wall adjacent to the same bathroom within 1 week. The water spot is bigger than an A3 size paper. Now, the developer is asking to make good only at this area but not answering my questions on when they are rectifying other defects and how they are going to do it (i have also requested for a method statement but no reply).

Other people told me that it is the waterproofing failure from the bathroom of upstairs unit. The developer did a ponding test on bathroom of upstairs unit. After 24 hours, water of 1.5 inches tall subsided significantly like a damp floor. Developer said it could be due to they did not seal the floor trap properly. The developer verbally told they will do a second ponding test. When I ask when will that be performed, no answer from the developer.

Now, the developer seems to be only focusing on making good the area that I reported during the DLP and keep silence on the defects of the water leakages that have spread to other areas. Now, I am not sure if the developer will rectify the defects that were reported to them after the DLP.

Questions:
1) Since the new leakage areas are only notified to the developer after the DLP, does the developer have the obligation to rectify this? If this a latent defects that the developer must rectify thoroughly?
2) If the developer is not attending to rectify the other water leakages that spread to other areas after the DLP, what can I do to get the water leakages problem solved without me fogging out money? Tribunal? Ask upstairs owner to fix it (will it so easy?)? Other ways?
3) If wallpaper is damaged due to the defects and rectification work, does the developer has the obligation to fix back the wallpaper not at my cost? 
4) If i am lucky that they rectify every defects, whether temporary or permanent solution, is it possible to ask for a warranty? How?

Can anyone please advise what avenue do I have and what should be my next step? Thank you.
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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...

This post has been edited by djagito: Oct 8 2020, 11:56 PM

 

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