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staind
post Jan 2 2024, 08:31 AM

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Hi, I need some help. There is this unit I am interested with but reading the pos make me confused.

I think it may be bumi lot but I am not sure. am right to say this is a bumi lot? Or does it means if this lot sold to bumi bidder, then it will be converted to bumi lot.

Auction is a high court auction.
Current owner/defendant is Malay.
POS states this restriction/ Sekatan kepentingan.

Tanah yang diperuntukkan untuk Bumiputera ini
apabila sahaja bertukar miliknya kepada seorang Bumiputera/Syarikat Bumiputera maka tidak boleh dijual, dipajak atau dipindahmilik dengan apa cara sekalipun kepada orang yang bukan Bumiputera/Bukan Syarikat Bumiputera tanpa kebenaran Pihak Berkuasa Negeri

This post has been edited by staind: Jan 2 2024, 10:57 AM
staind
post Jan 2 2024, 01:20 PM

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QUOTE(Aldo-Kirosu @ Jan 2 2024, 11:33 AM)
Based on the explanation, this is bumi lot already, not worth the risk if you not comfirn, I know it's tempting because this kind of confuse unit price is drop much much below market value. So if you are not bumi, I advice don't choose this unit.

I sharing you what situation a lot changed to bumi lot.

Bumi lot unsold unit (more than 5year), developer apply to open quota and pay the penalty to authority, sell the unit to open market. So this kind of unit will be sold to non bumi, but once this unit resell to bumi (at subsale market), the unit changed to bumi lot. But didn't mentioned this kind of unit can sell to non bumi into subsale market / auction market or not.
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Thanks.
I am a non bumi.
I just called the auction property agent who posted this advertisement today and he said this is a high court auction unit hence bumi/non bumi is a non issue.

Have you heard of this?
I wish to confirm his statement. Some googling show he may be right but I wonder if there is something else I don’t understand like what you just mentioned.

Thanks a lot

staind
post Jan 2 2024, 03:49 PM

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QUOTE(Rinth @ Jan 2 2024, 03:21 PM)
High court auction is Non-LACA, means perfection of transfer already done. Means the title is under owner name, not developer name. Only developer title (LACA) have bumi/non-bumi issue, as it is a fulfillment quota needs by the developer.

Therefore everyone can bid for this unit unless it is malay reserved.
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Thanks for the answer and sharing your valuable experience.
The properties is not under Malay reserved.

If I may, If I win this auction and subsequently decided to sell it in future, is there restriction that I must get consent from authority in future? Sorry I am not familiar but wish to buy this property for own stay.

Thanks bro
staind
post Aug 13 2024, 10:54 PM

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I recently won a high court auction for a vacant landed property that comes with an individual title. The house is 4 years old. Originally, the neighborhood was not gated and guarded, but the residents applied to the local council for permission to build fencing and install gates three years ago. The management of the gated area has since been subcontracted to a third-party service provider.

I contacted the service provider to request a security access card, but they denied my request, insisting that I must first pay off the outstanding fees owed by the previous owner. I reviewed the outstanding balance, which initially listed the previous owner as "unknown." However, after I reached out for the access card, they changed the outstanding balance to my name. The management committee claims they never knew who the previous owner was and were unable to collect the security fees from him. They further stated that I must pay previous owner's outstanding under the reason that I must accept all risks and responsibilities of my unit including maintenance fee as I bought this unit from auction.

In my case, Plaintiff (bank) only allow Cukai Tanah and Cukai Tanah to be claimable. Maintenance fee is not covered.

I wrote an appeal, expressing my commitment to pay future maintenance fees, but it was rejected. Has anyone else experienced something similar? What options do I have in this situation?

thank you in advance.



This post has been edited by staind: Aug 13 2024, 11:02 PM
staind
post Aug 14 2024, 02:20 AM

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QUOTE(victorian @ Aug 14 2024, 12:08 AM)
how big is the maintenance fee sum owed?

suggest to just pay it and move on from there.

else, you have to play the hard game with the MC and endure registering as visitor everyday.
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It is around rm4k.

QUOTE(trusol @ Aug 14 2024, 01:56 AM)
It doesn't sound like a strata development, so how could there be any management fee debt? What was the type of fee charged to the previous owner?
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It is not strata development. The title is individual title.
They name it management fee in the outstanding bill but to me it is Security fee.

QUOTE(trusol @ Aug 14 2024, 02:03 AM)
Yes, if it is not much, just pay up and move on.

Legally, they cannot stop anyone from entering unless it is a strata scheme where the management can prevent non-residents from entering.
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Thanks.
Is there any avenue I can bring this to higher authority?
I called up local council and they said should bring this up to Tribunal Perumahan. I think Tribunal perumahan is based on Strata Management Act which my unit may not be covered.
staind
post Aug 14 2024, 06:16 AM

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QUOTE(icemanfx @ Aug 14 2024, 05:28 AM)
Unless staind intended to sacrifice harmony with neighbours, should pay.

Bought the cow back and refused to buy string to tie the cow.
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I am also considering this option from the beginning. Thanks.

I think the more appropriate analogy is I bought the cow (house), planning to buy the string (security) fee. Just that not willing to pay for the string that the other cows in the same farm are using ( old owner debt).

This post has been edited by staind: Aug 14 2024, 06:39 AM
staind
post Aug 14 2024, 07:43 AM

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QUOTE(icemanfx @ Aug 14 2024, 07:25 AM)
If you intended to move in to stay, advised you to pay up else is penny wise, pound foolish, not that you couldn't afford.
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Alright bro. Thanks for the insight.
staind
post Aug 14 2024, 09:16 AM

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QUOTE(victorian @ Aug 14 2024, 09:07 AM)
haha but the same cow (house) that you bought is the one who used the previous string, so it is only logical that the debt falls to the new owner.

however, there is still room to argue because this is not a strata development at the first place. but is it worth sacrificing the relationship with the MC because of this?
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The cow got touch the string.

Actually I have been negotiating with the MC but they are like a thug. Lols. In my opinion, the MC also starting the relationship is a bad way. I write in nicely for appeal. i did not want to mentioned all these in my first post as this more towards emotional an d as I just want to know if there is other options available other than don’t pay and pay up.

Basically I am handed a bill which I am not sure if this is really the amount owned. Many questions asked but they are like act blur or reply others. They just change the name to me and stuck it up to me. Not so happy about it so I am exploring some options. I got feel like paying it and will be very critical towards the MC in future.

FYI I am also currently staying at G&G community and never miss a payment. The 3rd party service provider in my current place has contract that if they are able to collect 90%, they will be given bonus. I believe it is the same scheme for this new unit hence the motivation.
staind
post Aug 14 2024, 09:44 AM

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QUOTE(Rinth @ Aug 14 2024, 09:39 AM)
The GNG are established under what act? But no matter what the act thru auction purchase, new owner have to assume all the outstanding, apart from those defaulter bank absorb.

Since the outstanding is 4k+, if they cannot provide a full statement from it, then nego a better price such as 50% discount...otherwise if they can cough up a full statement, then had to pay the full sum.
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I am also not sure. I got ask the 3rd party service provider but she just act blur. It is an individual title and definitely not strata.

staind
post Aug 14 2024, 10:09 AM

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QUOTE(Rinth @ Aug 14 2024, 09:46 AM)
then you also act blur untill they provide full statement...bug them every week untill they either cough up full statement or provide discount to you.
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Thanks for the advise. I am asking for 50% discount.

Just called them and pressed for answer.

She said it is under persatuan only and not under strata.
Asked for AGM meeting and proof but she said cannot give me.

The chairman signed rejection letter to me without stating his position nor name. I need to press and press only the clerk said it is chairman. I signed many documents and memo in my work place for customer issuance. confirm can say this is not professional to only put a signature only.


staind
post Aug 14 2024, 04:59 PM

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QUOTE(trusol @ Aug 14 2024, 04:00 PM)
If it is not a strata development, you have no obligation to pay.

Strata Management Tribunal only for landed strata and condos.

If they restrict you from entering, you can always report to the police.

Ask them under what law that you have to pay even the current "fee", not even talking about the "debt". But, you can always negotiate down the "debt" by offering them that you will participate in paying the current "fee" even though you don't have to pay any. It is always good to pay the "fee" in order to keep the place safe because the area was never a strata development from the beginning like a condo.
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Thanks bro.
Actually I am in midst of negotiations with them. Just that they are difficult that make me very fed up.

My request for a copy of AGM annual report is turned down. Reason being is I have not paid. They have no qualm change previous owner bill since y2022 to my name.
My current house is also landed individual title GnG. Committee is volunteers and we also engaged 3rd party service provider. Soft copy AGM report is provided in apps, WhatsApp, and Hardcopy will be delivered to mailbox.

staind
post Aug 15 2024, 10:01 PM

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QUOTE(icemanfx @ Aug 14 2024, 07:18 PM)
Most committee members are aware of their jurisdiction and limitations. They are for the collective benefits of the community and unlikely to abuse their power.

Outcast will find excuses not to pay or contribute.
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😂.
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
staind
post Aug 16 2024, 10:21 AM

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QUOTE(PAChamp @ Aug 16 2024, 10:09 AM)
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.
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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.
staind
post Aug 4 2025, 10:49 AM

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QUOTE(romuluz777 @ Aug 4 2025, 10:37 AM)
No point arguing with those idiots. By right you need not have to pay any arrears from the previous owner, especially when the property is with an individual title.

Just suck it up and settle it if its affordable and a small amount.

Fix up the house, make it look nice and then sell it off for a profit.
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At the end, after few rounds of discussion and argument, they gave a 50% discount and I paid up.


 

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