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 Being Forced To Pay Strata Title Fees by JMB

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TSajkl
post May 17 2018, 12:25 AM, updated 8y ago

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Dear all,

My parent had purchased a unit of abandoned condo which was revived by a white knight about 20 years ago.

Due to some unforeseen circumstances, up until now, the strata title has yet to be issued.

About to years ago, the JMB (via AGM) has decided to apply for strata title themselves and hence, billed all 350 units of residents RM2000 (totaling RM600K) for strata title application fees.

Naturally, I was unwilling to pay due to the excessive charges and had asked for the breakdown of the fees to which they did not provide to me.

From then on, all the maintenance fees I paid up till now has been used by the management to partly settle the strata title fees instead of maintenance fees and sinking fund even though I have objected to paying the RM2K and they claimed that that all payments must be used to clear off the RM2000 before they can apply to my maintenance fees and sinking fund

As a result, I am now owing close to 2 years worth of maintenance fees and they have threatened that they will deactivate my access card if I do not pay up.

Question is, from legal point of view, are we obliged to pay for any other fees other than maintenance fees ? If I don't agree to pay, can they tie my hands like what they are doing now?

I don't think that it is wrong for me to object to the payment if they do not want to show me the breakdown of the cost or if i feel that the charges is not reasonable.

Appreciate if I can get some input from all the taikors here.

I plan to make a police report if I have grounds to do so.

Thanks!!
cherroy
post May 17 2018, 09:26 AM

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QUOTE(ajkl @ May 17 2018, 12:25 AM)
Question is,  from legal point of view, are we obliged to pay for any other fees other than maintenance fees ? If I don't agree to pay, can they tie my hands like what they are doing now?

I don't think that it is wrong for me to object to the payment if they do not want to show me the breakdown of the cost or if i feel that the charges is not reasonable.

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Yes, as long as the fee is related to the property maintenance issue and resolution is tabled via EGM/AGM which is agreed by majority of owner, then every owner needs to pay the fee.

Whether one disagrees the resolution or feel unreasonable or can't breakdown whatever, it is another story, but one cannot use those excuse not to pay.
Any objection should be raised during the AGM, and it is always based on majority wish.

The only challenge you can make is whether JMB has the power to apply the strata title on behalf, but not on the excuse of cannot show you breakdown or unreasonable etc.

You may get advice from COB or file the issue to tribunal.

forever1979
post May 21 2018, 02:53 PM

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as the owner, i rather use money / fund to settle strata title than maintenance fee

if the house forever no strata title, is going to affect the transfer of ownership in future.

 

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