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trusol
post Aug 14 2024, 01:56 AM

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QUOTE(staind @ Aug 13 2024, 10:54 PM)
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.
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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?
trusol
post Aug 14 2024, 02:03 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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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.


trusol
post Aug 14 2024, 04:00 PM

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QUOTE(staind @ Aug 14 2024, 02:20 AM)
It is around rm4k.
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.
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.
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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.


trusol
post Aug 14 2024, 04:30 PM

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QUOTE(icemanfx @ Aug 14 2024, 04:20 PM)
Individual title committee are volunteers and for the mutual benefits of the neighbourhood. Selfish people spoiled the harmony and degraded security of the neighbourhood, should live alone in padi field.
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Even in condos, committee members are mostly volunteers. Most owners would try to avoid joining the committee and so the same group(s) of people have to run the place from year to year.
trusol
post Aug 14 2024, 05:35 PM

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QUOTE(staind @ Aug 14 2024, 04:59 PM)
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.
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If they think that you understand exactly what they cannot do, then it is easier to negotiate with them. Problem is, they may think that most people are ignorant about the whole thing, so they make use of it to demand this and that.

However, you also have to understand that they probably have to do it this way because they really do not have any legal right to demand any money from you and they need the money to function.

Some people think that living in condos is more troublesome but actually living on non-strata landed have its share of problems. In condos, there are laws and by-laws that you may refer to to solve problems. In landed properties, it is not uncommon to see quarrels over parking spaces which do not belong to anyone. And you can't do a thing if abandoned nearby units are overgrown with vegetation and attracting snakes and drug addicts.



 

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