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Investment THE HERMINGTON @ KUCHAI LAMA | RES. KUCHAIMAS [OT], The Benchmark of Ownership in KL

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maxseng
post May 19 2018, 03:32 PM

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QUOTE(JeFf_90 @ May 19 2018, 12:55 PM)
Maybe you can be one who create the group ..
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Agree, we should have a group to update each other.
I will creata a facebook group for buyer now.
https://www.facebook.com/groups/205377496741412/

I just went to see this morning, still see people working there, hope everything will be fine.

This post has been edited by maxseng: May 19 2018, 03:35 PM
maxseng
post Jun 8 2018, 07:51 PM

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@leslauliu
I am confused, which Malaysia rule said that different building with same podium MUST use same management account and same MC?
Rumah WIP and open market condo have different facilities, how to manage both blocks with the same account, doesn't make sense at all.
For 1st year the AK will be the JMB, after 1 years the Hermington and Kuchaimas are free to form their own MC.

This post has been edited by maxseng: Jun 8 2018, 10:06 PM
maxseng
post Jun 8 2018, 11:27 PM

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QUOTE(leslauliu @ Jun 8 2018, 10:32 PM)
Hi Max seng,

Please read my post from a few previous page till the latest. If you still don't understand. please let me know then I shall try to simplify it again on next post.

I just briefly explained to you again.

1) ONE TITLES (LOT 15659) only entitle for ONE MC
2) ALL management issues are decided by PTG (Strata Title Act) while advise by COB DBKL.
3) IF you can implement Two Sub MC, please be aware this project only have one master title (LOT 15659). So TWO SUB MC is still managed under ONE MC.
4) A master title mixed of commercial and residential can be separated by SUB MC but subject to proper design of development by developer in terms of separation between two land uses but much harder for rumahwip and residential as they both is under residential title.
5) You are right about "Rumah WIP and open market condo have different facilities, how to manage both blocks with the same account, doesn't make sense at all.". It cannot be done although planning department of DBKL have approved a wall separating these two blocks. I already explained in previous post, even if you could do Sub MC. it is still basically under ONE MC coz there is only ONE master title. So. it can overrule the approval of the wall thus can be legally removed if rumahwip bring these issue to court.
Sub MC is when you need to "share" some common infra, and 

Please look at the picture of the site plan I attached approved by DBKL. The site plan only shown 1 master title lot 15659.
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1) ONE TITLES (LOT 15659) only entitle for ONE MC
2) ALL management issues are decided by PTG (Strata Title Act) while advise by COB DBKL.
Any stated rule support your statement? Any stated rule mention one master title cannot have 2 separate MC under separate strata titles?

3) IF you can implement Two Sub MC, please be aware this project only have one master title (LOT 15659). So TWO SUB MC is still managed under ONE MC.
4) A master title mixed of commercial and residential can be separated by SUB MC but subject to proper design of development by developer in terms of separation between two land uses but much harder for rumahwip and residential as they both is under residential title.
5) You are right about [i]"Rumah WIP and open market condo have different facilities, how to manage both blocks with the same account, doesn't make sense at all."
. It cannot be done although planning department of DBKL have approved a wall separating these two blocks. I already explained in previous post, even if you could do Sub MC. it is still basically under ONE MC coz there is only ONE master title. So. it can overrule the approval of the wall thus can be legally removed if rumahwip bring these issue to court.[/I]
Sub MC is when you need to "share" some common infra, but Kuchaimas and Hermington do not share anything, why should we go for MC and sub MC but not separate MC? facilities of Kuchaimas is not stated in SPA of Hermington, facilities of Hermington also do not stated in SPA of Kuchaimas, is very clear that the facilities(starting from guard house to the top of the building) is separated in SPA. Since, the other block is do not even appear in the SPA of the another block, in legal point of view it is not shared and cannot be share

This post has been edited by maxseng: Jun 9 2018, 12:27 AM
maxseng
post Jun 10 2018, 12:18 PM

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QUOTE(leslauliu @ Jun 9 2018, 09:18 PM)
Any stated rule support your statement? Any stated rule mention one master title cannot have 2 separate MC under separate strata titles?

I already explained in many previous post.Please read. my reply to you on last post was just a repeated brief explanation. Yes, you have the right not to believe me, that's why, in my many previous post, I urge you all buyers to seek advise with COB DBKL and PTG sixth floor Strata Title department. I have posted the address also in that previous post.

Sub MC is when you need to "share" some common infra, but Kuchaimas and Hermington do not share anything, why should we go for MC and sub MC but not separate MC? facilities of Kuchaimas is not stated in SPA of Hermington, facilities of Hermington also do not stated in SPA of Kuchaimas, is very clear that the facilities(starting from guard house to the top of the building) is separated in SPA. Since, the other block is do not even appear in the SPA of the another block, in legal point of view it is not shared and cannot be share

Please look at this https://forum.lowyat.net/index.php?showtopi...post&p=88812861

Kuchaimas and hermington shared the podium although DBKL building plan approval shown a wall separating them. I have already explained again in previous post how lawyers and agents misled buyer. The statement you mentioned above shown you have been misinformed by the lawyer. Please don't expect lawyer will do the right thing too. That why, there is Bar Council to regulate all the lawyer's activities. I can tell you this problem will arise in the future as this and next year will have many more completion of Rumahwip/residential development.

Just trying to prevent more buyer got con and raise their awareness about pro and con of buying this kind of development.
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If you say the SPA mean nothing so what is the thing that can justify the owner right use of the building?

I have go through your posts basically this so call MC problem start from your statement "rumahwip and bebas will pay the same maintenance fee".
QUOTE(leslauliu @ May 16 2018, 02:47 AM)
Does both block share the podium? (They are not talking about two separate entrance). Riyang Kuchai lama create 2 separate entrance but yet 2 block still share the same podium. In strata title rules, THEY ALL WILL PAY THE SAME MAINTENANCE FEE THUS EVERYONE CAN USE ALL THE SAME FACILITIES REGARDELESS MAMPUMILIKK UNIT OR BEBAS UNIT.


And because of your nonsense statement, i go and read the STRATA MANAGEMENT ACT 2013.
It is stated clearly in STRATA MANAGEMENT ACT 2013 page 78, Part 60 Maintenance account of the management corporation
QUOTE
"(3)(b) raise the amounts so determined by imposing Charges on the proprietors in proportion to the share units or provisional share units of their respective parcels or provisional blocks, and the management corporation may determine diffrent rates of Charges to be paid in respect of parcels which are used for significantlt diffrent purposes and in respect of the provisional blocks;"

http://www.federalgazette.agc.gov.my/outpu...TA%20757-BI.pdf
So from which part of STRATA MANAGEMENT ACT said the management fee should be the same for all?
Stop talk kok, just tell me which part of STRATA MANAGEMENT ACT support your statement.

This post has been edited by maxseng: Jun 10 2018, 04:23 PM
maxseng
post Jun 27 2018, 09:55 AM

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QUOTE(leslauliu @ Jun 18 2018, 02:20 PM)
I dont talk nonsense. I explained what i said and what you shown is just general statement.

The fact you dont understand about SPA then pls go PTG and ask. Please dont just post any law from your source when u dont even understand them.

Please understand that SPA and strata title Act is two different thing.
SPA is compiled by lawyers. And by lawyer, they do make mistake too.

I went to check with PTG and this project cannot do sub MC. Whether you believe it or not, it is up to u as i have no means to bring any ptg officer to show proof here.

I already emphasized to existing buyers here to check with PTG.

U have every right not to believe me but please avoid foul language and dont say i talk kok. I shared what i learnt when i checked with ptg for my own condo.

Again, i would like to emphasize, i dont talk kok. You can easily identify who is the real talk kok netizen in this thread. I have explained quite comprehensively if you read my previous many posts.
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SPA is a proof of ownership, the agreement signed between purchaser and developer. What stated inside is belong to buyer what not stated inside is not, as simple as that.

I have shown you the strata act, which clear stated management CAN determine DIFFERENT CHARGES for DIFFERENT PARCELS. But now you questioning my understanding on basic English and the source of strata act. After that, all you do still talk kok without any clear act supporting your statement. This conversation is meaningless I will not continue and let the readers here judge to believe your empty talk or not.

This post has been edited by maxseng: Jun 27 2018, 09:59 AM

 

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