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 Looking for Opinions, Legal Case for water leaking issues

Which one you choose?
 
Proceed for the Legal Case, no mercy. [ 42 ] ** [79.25%]
Accept the offer, bear the 50% cost. Let the JMB continue doing what they doing, none of my business. [ 6 ] ** [11.32%]
Eat pop corn [ 5 ] ** [9.43%]
Total Votes: 53
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TSwoolei
post Aug 28 2018, 11:36 PM, updated 7y ago

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Hi Guys,

Currently i am in a Legal case with the owner upstair and management office.

The Chronological Events:
1) On Dec 2017, i notice the small bedroom + both bath room seem to have water leaking issues.
2) I reported to JMB, after 1 weeks, they inspected my unit and give a 14 days notice to Owner above my units to request for repairs.
3) After 14 days, i ask JMB to proceed to fix my house, but they refuse to and mentioned it is the responsiblilty of the owner above my unites.
4) I get fed up, so i contact the upstair owner myself. He come with a contract after few weeks, told me he will fix it next week.
5) After next week, he responsed that he is currently putting his house on sales, his house also have the leaking issue, having some financial problem blah blah and ask me to claim after he sold his house.
6) I again ask the JMB to fix my house, but they still refuse to do so.
7) I raised a case to KPKT Putrajaya with RM100 + alot of time to study strata management act 2013 + research + time + petro + Annual Leave.
8) This monday i manage to see them on the court, it very awkward & not comfortable for all party. Due to they forget to fill up the Form, so we postponed the hearing to next month.

Now my question come:

The Owner ask if we can settle the case, but he only willing to bear 50% of the cost. He is having a financial issue, business not doing well, house getting lelong and etc. The payment can only make by installment.

But my purpose of raising the case, is toward the mistake from Management Office too.
Because according to Strata Management Act 2013, they suppost to fix the issue and charge to the owner upstair, but they not follow the process properly.

i planned to join the JMB next years, as i found the current JMB is very terrible.
So it quite important for me to get the case complete, so i can assist the others owner when deal with legal act.

How you think?


corleone74
post Aug 29 2018, 01:18 AM

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QUOTE(woolei @ Aug 28 2018, 11:36 PM)
Hi Guys,

Currently i am in a Legal case with the owner upstair and management office.

The Chronological Events:
1) On Dec 2017, i notice the small bedroom + both bath room seem to have water leaking issues.
2) I reported to JMB, after 1 weeks, they inspected my unit and give a 14 days notice to Owner above my units to request for repairs.
3) After 14 days, i ask JMB to proceed to fix my house, but they refuse to and mentioned it is the responsiblilty of the owner above my unites.
4) I get fed up, so i contact the upstair owner myself. He come with a contract after few weeks, told me he will fix it next week.
5) After next week, he responsed that he is currently putting his house on sales, his house also have the leaking issue, having some financial problem blah blah and ask me to claim after he sold his house.
6) I again ask the JMB to fix my house, but they still refuse to do so.
7) I raised a case to KPKT Putrajaya with RM100 + alot of time to study strata management act 2013 + research + time + petro + Annual Leave.
8) This monday i manage to see them on the court, it very awkward & not comfortable for all party. Due to they forget to fill up the Form, so we postponed the hearing to next month.

Now my question come:

The Owner ask if we can settle the case, but he only willing to bear 50% of the cost. He is having a financial issue, business not doing well, house getting lelong and etc. The payment can only make by installment.

But my purpose of raising the case, is toward the mistake from Management Office too.
Because according to Strata Management Act 2013, they suppost to fix the issue and charge to the owner upstair, but they not follow the process properly.

i planned to join the JMB next years, as i found the current JMB is very terrible.
So it quite important for me to get the case complete, so i can assist the others owner when deal with legal act.

How you think?
*
You are in the right:

but sometimes you may want to be a bit sympathetic to the owner upstair. Depend how genuine his "financial problem"... sigh.

Difficult to say what is the best thing to do.

This post has been edited by corleone74: Aug 29 2018, 01:22 AM
Sand Dust
post Aug 29 2018, 08:13 AM

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Be empathetic, if what he claimed is true.
BEANCOUNTER
post Aug 29 2018, 09:20 AM

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sue the JMB for failing to act responsibly.
ManutdGiggs
post Aug 29 2018, 09:27 AM

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Go by the law first. Put ethg in B&W. Final decision can b done later on.
submergedx
post Aug 29 2018, 12:26 PM

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QUOTE(woolei @ Aug 28 2018, 11:36 PM)
How you think?
*
Cannot give opinions but to share my story.

Totally understanding your situation. I rented a leaking unit before, totally nightmare. The water even drop straight to my face during the leaks on the bed when im sleeping.
Make a complain to landlord, luckily they settle it with the owner asap within a week.

But i cannot brain your case, your neighbour can buy property but dont have money to fix water leaking issue? May i know how much approximate the fixing will cost?
Around thousands right?

QUOTE(woolei @ Aug 28 2018, 11:36 PM)
But my purpose of raising the case, is toward the mistake from Management Office too.
Because according to Strata Management Act 2013, they suppost to fix the issue and charge to the owner upstair, but they not follow the process properly.
Please go for authorities, owners are victim also, developer are the one to blame to use cheap quality building material.
TSwoolei
post Aug 29 2018, 02:08 PM

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QUOTE(corleone74 @ Aug 29 2018, 01:18 AM)
You are in the right:

but sometimes you may want to be a bit sympathetic to the owner upstair. Depend how genuine his "financial problem"... sigh.

Difficult to say what is the best thing to do.
*
struggle now, be "kind" now but maybe going to struggle in future. the leak is still there, i just "block" it using PU injection for now.

QUOTE(Sand Dust @ Aug 29 2018, 08:13 AM)
Be empathetic, if what he claimed is true.
*
hard to believe him, because he cant even show the proof he is kena lelong.
All this while the tone he using is very bad before the court case.


QUOTE(BEANCOUNTER @ Aug 29 2018, 09:20 AM)
sue the JMB for failing to act responsibly.
*
I won't let them escape this.

QUOTE(ManutdGiggs @ Aug 29 2018, 09:27 AM)
Go by the law first. Put ethg in B&W. Final decision can b done later on.
*
Yes, this is what in my mind too.

QUOTE(submergedx @ Aug 29 2018, 12:26 PM)
Cannot give opinions but to share my story.

Totally understanding your situation. I rented a leaking unit before, totally nightmare. The water even drop straight to my face during the leaks on the bed when im sleeping.
Make a complain to landlord, luckily they settle it with the owner asap within a week.

But i cannot brain your case, your neighbour can buy property but dont have money to fix water leaking issue? May i know how much approximate the fixing will cost?
Around thousands right?
Please go for authorities, owners are victim also, developer are the one to blame to use cheap quality building material.
*
It less than 2k, i am using PU injection. What i worry is what if it happen again? so i would like to get the formal statement from tribunal court, stated clearly it is "Management Responsible" to fix it after 14 days if owner ignore it.

corleone74
post Aug 29 2018, 06:29 PM

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QUOTE(woolei @ Aug 29 2018, 02:08 PM)
struggle now, be "kind" now but maybe going to struggle in future. the leak is still there, i just "block" it using PU injection for now.
hard to believe him, because he cant even show the proof he is kena lelong.
All this while the tone he using is very bad before the court case.
I won't let them escape this.
Yes, this is what in my mind too.
It less than 2k, i am using PU injection. What i worry is what if it happen again? so i would like to get the formal statement from tribunal court, stated clearly it is "Management Responsible" to fix it after 14 days if owner ignore it.
*
from what u say he is a prick. and so pricks deserve their come uppance. SUE KAW KAW LOR

TSwoolei
post Jul 5 2019, 10:59 AM

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Hi Guy,
wonder if anyone still followed my case.

but i have successfully close the case via KPKT Putrajaya.

the whole process took 6 month, i went KPKT for atleast 10 times to submit document, query and etc.

cost spend: each submission/replies cost me RM100

conclusion: in the end i claim back all expenses based on my repair receipt.


LoTek
post Jul 5 2019, 11:58 AM

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QUOTE(woolei @ Jul 5 2019, 10:59 AM)
Hi Guy,
wonder if anyone still followed my case.

but i have successfully close the case via KPKT Putrajaya.

the whole process took 6 month, i went KPKT for atleast 10 times to submit document, query and etc.

cost spend: each submission/replies cost me RM100

conclusion: in the end i claim back all expenses based on my repair receipt.
*
very nice, who footed the bill in the end?
TSwoolei
post Jul 5 2019, 01:25 PM

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QUOTE(LoTek @ Jul 5 2019, 11:58 AM)
very nice, who footed the bill in the end?
*
i claim from management, management credit to my monthly bill.
after that management will claim from owner upstair.

this is by the judgement of the court.
Bjorn1688
post Jul 5 2019, 01:41 PM

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QUOTE(woolei @ Jul 5 2019, 01:25 PM)
i claim from management, management credit to my monthly bill.
after that management will claim from owner upstair.

this is by the judgement of the court.
*
Glad you stuck through with it.

Many tend to give up halfway for one reason or another.

A good decision on your part.
BeastB
post Jul 5 2019, 02:07 PM

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May I ask what was the actual cost of fixing up that problem? If it was a few 100 bucks, I think your time spent on this is a whole lot more than the money to fix this sort of trivial issue.
LoTek
post Jul 5 2019, 03:23 PM

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QUOTE(woolei @ Jul 5 2019, 01:25 PM)
i claim from management, management credit to my monthly bill.
after that management will claim from owner upstair.

this is by the judgement of the court.
*
vindicated. congrats.
TSwoolei
post Jul 5 2019, 04:06 PM

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QUOTE(BeastB @ Jul 5 2019, 02:07 PM)
May I ask what was the actual cost of fixing up that problem? If it was a few 100 bucks, I think your time spent on this is a whole lot more than the money to fix this sort of trivial issue.
*
bro, it will never be a few hundred buck to fix a water leaking issue.

1 spot of injection cost around RM800, if it super serious, it will take 2-3 injection to fully block the leakage.

for me i took 4 digit to fix the problem, both toilet and small room have the same issue.

the most important issue is, the owner upstair totally ignore me and no intention to take up the responsibility at all.



TSwoolei
post Jul 5 2019, 04:08 PM

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QUOTE(Bjorn1688 @ Jul 5 2019, 01:41 PM)
Glad you stuck through with it.

Many tend to give up halfway for one reason or another.

A good decision on your part.
*
QUOTE(LoTek @ Jul 5 2019, 03:23 PM)
vindicated. congrats.
*
thank both, the reason i share this story is because i want the owner to be aware.

#Take responsibility when your neighbors complaint about water leaking.
BeastB
post Jul 5 2019, 05:28 PM

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QUOTE(woolei @ Jul 5 2019, 04:06 PM)
bro, it will never be a few hundred buck to fix a water leaking issue.

1 spot of injection cost around RM800, if it super serious, it will take 2-3 injection to fully block the leakage.

for me i took 4 digit to fix the problem, both toilet and small room have the same issue.

the most important issue is, the owner upstair totally ignore me and no intention to take up the responsibility at all.
*
Ok then it was time well spent. I never had a ceiling leak issue before, so not experienced this. Worst was a leak in the bathroom, that was just a clog issue and a pipe replacement, RM300 or so.
MeToo
post Jul 12 2019, 03:04 PM

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QUOTE(woolei @ Jul 5 2019, 04:06 PM)
bro, it will never be a few hundred buck to fix a water leaking issue.

1 spot of injection cost around RM800, if it super serious, it will take 2-3 injection to fully block the leakage.

for me i took 4 digit to fix the problem, both toilet and small room have the same issue.

the most important issue is, the owner upstair totally ignore me and no intention to take up the responsibility at all.
*
That would be a problem for me.

You went to Putrajaya 10 times.. for me each day leave will cost me 4 figures (if kira per unpaid leave)... so its not feasible for me to do that..

Sometimes the JMB really useless.. dunno what they do.. only know how to makan $$? dry.gif

This post has been edited by MeToo: Jul 12 2019, 03:05 PM
TSwoolei
post Jul 13 2019, 11:50 PM

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QUOTE(MeToo @ Jul 12 2019, 03:04 PM)
That would be a problem for me.

You went to Putrajaya 10 times.. for me each day leave will cost me 4 figures (if kira per unpaid leave)... so its not feasible for me to do that..

Sometimes the JMB really useless.. dunno what they do.. only know how to makan $$?  dry.gif
*
hiu... if you can make 4 figure per day..
just do it will injection and cover the spot with paint.
Thasmita
post Jul 14 2019, 12:00 AM

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QUOTE(woolei @ Jul 5 2019, 01:25 PM)
i claim from management, management credit to my monthly bill.
after that management will claim from owner upstair.

this is by the judgement of the court.
*
Good stuff. Very good to know you went the full mile .

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