😂.
Committee awards projects to own cronies and earn commission is not unheard off and is happening around the world. To say unlikely to abuse power is not true. Anyway this is off topic.

My current house has Exactly same type of title and G&G communities as my new house and my committee issued this statement in AGM.

Quote “The collection rate has been improving and the receivable reduced by more than 20k compare to previous year. We have 2 errant residents who are refusing to pay maintenance fee and had received court order to demand them to pay the maintenance fee. Management will follow up closely to retrieve the outstanding
maintenance fee.”unquote.

Do you think above action to issue court order is an abuse of power? Is the court order legit? Or the committee know their limitation and jurisdiction?

Many people do not understand how our law works. I am not sure of your background nor I am saying you understand or not. Peace. I do happen to involve in some of these matters in different field of work and maybe can share some insights and answer the few questions above.

Whatever that is compounded in our nation, like where fines/summon can be imposed or court case, it has to fall under Akta or in English Act. All the Akta in our country need to be debated and passed in Parliament for relevant authorities to implement. Under an Act, there is Regulation then followed by Order, ICOP and Guidelines. Guidelines even though it can exist in Akta is not compoundable and no fines can be imposed by authority. Sometimes, Guidelines can be abused even by authority to issue fine due to lack of public awareness or for public interest. In such a case, the fine does not stand and can be challenged in court and judge will throw the fines away immediately. *hint this “abuse” happened to our country not long ago. All this is like what some politician called it, the Rule of Law or Rule of “Akta”. So how do we know when something is covered by Akta? You look for the word Section.

I explain this because strata properties is under Strata Management Act 2013, hence actions taken to retrieve amount own or seizure of asset is legit in the eye of law. This also give the JMB the power they have. If we understand things from this Rule of Law perspective, a lot of things and daily news make much more sense and more understandable.

Up to this stage, go back to the earlier question? Do you still have similar answer to the earlier questions?

To be honest, I was unsure of the authority the management has in the beginning and confused when the committee issued me the bill and make demand they did. Based on the knowledge I have, the action seems to me out of bound when they come to me with authority. Hence, I asked what I asked. I believe the context of my initial post is clear.

From the many replies , I have gotten the answer. Basically there is no Akta here. It is just basic morality issue. Discussion is much healthier if there is no label of people based on anyone’s bias and context is properly understood.

This post has been edited by staind: Aug 16 2024, 12:08 AM

One could debate every point until the cow comes home, and nothing is done at the end.

If one wanted to live happily in a community, acceptance and compromising is required.

There is an exception though and that is if the developer had ensured all the original purchasers sign a Deed of Mutual Covenants with the Developer. The original purchasers may have sold their properties to 2nd purchasers and so on. The courts have held that the 2nd purchaser onwards are also bound by the deed of mutual covenants and have to pay for the "maintenance". So if you case falls under this (you can find out from the documents the bank provides), you have no choice but to pay.

Interesting info.
For my current unit, I need to check back.
For the auction unit, it was a non GnG initially so highly likely none.

DMC should be only on stratified properties only.

But iirc there are also development whereby the property itself is individual title, but come with common area with stratafied title, basically the GNG stratafied is on the go straight when VP. so for these pretty sure DMC will sure be signed during SPA signing.

Gamuda and SP Setia both got landed house with individual title plus DMC also. It work like strata house, got JMb to manage the whole housing area, good thing is the owner can still apply approval from JMB to do extension and follow guidelines and color code, while strata title house can not change the facade at all.

ya these should be the 2nd scenario i mention

Most likely those new township development all is like this, individual title with stratafied common area with DMC signed.

This post has been edited by Rinth: Aug 16 2024, 12:24 PM

hi guys
i found a landed freehold strata unit in Cyberjaya for auction and it has entered the 3rd round now which is 19% lower than the initial price of 800k
surrounding houses with the same layout are selling for 900k+-
based on your experiences, is it worth to go in now or should i wait further?

This post has been edited by smokey: Feb 26 2025, 02:58 PM

Have you viewed the unit? Really your decision whether unit condition/location makes sense. Some people (like me) would never consider Cyberjaya location even if 50% lower price. But differ from person to person.

wow even with 50% lower price, could you enlighten us why?

Because I don't want to stay in Cyberjaya? Nothing attractive there for me personally

I also don't see buy-and-flip or buy-to-rent-out as ethical ways of making money (also personally).

If you want to buy an auction property, you need a significant discount so that you can do repairs or renovations as necessary.

You also need to put down 10% cash up front. Some banks will make you pay any outstanding maintenance fees, etc. Then you have all of the legal fees and taxes.

If the house is RM650k and the market price is RM900k, there is a lot of margin there.

One more thing, go have a look at the house. Make sure that it is vacant. You don't want to be the guy forcing a family from their home. If you can see in the windows and judge the condition of the house, even better.

This post has been edited by stuckincarbonite: Feb 26 2025, 11:30 PM

I've just bought an apartment at auction. It was less than RM130k. The lawyer quoted me RM4.5k for the legal fees. That seems very high.

What is the normal rate?

Hi all, I joined my second auction after this event. Won it at reserved price, 4th round auction for the unit.

Anyway the first thing I was very worried about was adhering to the 90-day timeline to complete the payment. Auction bank was PBB, and I used MBB loan.

So I asked my lawyer to provide a timeline how to achieve this. This was what was given.

14 working days for the developer to revert on the direct transfer
7 working days to comply to the developer request
14 working days for the developer to execute the MOT to transfer to you
14-21 working days for leasehold consent
7-14 working days for your loan execution depending on bank
7 working days to stamp your loan agreement and lodge caveat on bank's behalf
7 working days to advise and disbursement

My property is leasehold, bumi lot, in KL & developer agreed to do direct transfer. So your miles may vary.

In overall, we managed to complete loan disbursement within 68 calendar days. (could've been earlier if I didn't take 1 week to decide which bank to sign for my loan)

I created a whatsapp group with the law firm and followed up the progress diligently every week. Hope this helps for others who plan to join auctions.

congrats!! very happy for you!

Are you a bumi? Can non bumi bid, and if successful does the non bumi winner need to apply for consent for name transfer?

For non bumi to bid bumi lot, it is very high risk.

The unit can be non transferrable to non bumi buyer, so you will forfeit the deposite ( normally 10% of the awarded price, some bank might request lesser , about 5%)

Or it will take time for transfer, then you unable to comply all procedure within timeline (forfeit the deposit), especially if you are not cash buyer, normally bank will not release the loan until land office approve the transfer of ownership, it will take long time , unless you have cash to complete the house purchase 1st , then loan later.

Previously i heard the conversation might take 9 to 12 months, but still subjected to land office approval in each state, maybe some state shorter, some state is hardly approve.

This post has been edited by chainyong: Mar 24 2025, 10:48 AM

I see. I asked because I macam got come across an article saying lelong properties aren't subjected to encumbrances, just not sure whether bumi to non is one of them.

Some said if auction by high court, then bumi lot is ok to buy for non bumi. But hearsay only, i am not sure how true is it, as the money is your own money, better check with lawyar and lelong agent before bidding

That is some cases the auction unit reauction in next few months, as non bumi bidder successful bid from bank auction but they do not realize it is bumi lot. In the end, the bidder forfeit the deposit.

Unless the bumi lot is extremely low price, if not i rather buy from subsales than auction unit.

This post has been edited by chainyong: Mar 24 2025, 01:56 PM

Agreed.