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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 5y 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 .
Mrs.A
post Jul 14 2019, 12:07 AM

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MeToo
post Jul 15 2019, 10:30 AM

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QUOTE(woolei @ Jul 13 2019, 11:50 PM)
hiu... if you can make 4 figure per day..
just do it will injection and cover the spot with paint.
*
Just because we can afford it doesnt mean we spend when we dont have to.

Sorry I get sick of those comment which basically says "U can afford it ma, pay on my behalf as well lor".

If its obviously the fault of the unit above, I dont see why they (and the JMB) should be left off the hook just cause the victim "can afford it".

This post has been edited by MeToo: Jul 15 2019, 10:31 AM
TSwoolei
post Jul 15 2019, 05:13 PM

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QUOTE(MeToo @ Jul 15 2019, 10:30 AM)
Just because we can afford it doesnt mean we spend when we dont have to.

Sorry I get sick of those comment which basically says "U can afford it ma, pay on my behalf as well lor".

If its obviously the fault of the unit above, I dont see why they (and the JMB) should be left off the hook just cause the victim "can afford it".
*
u dont want to fix it by yourself
u dont want to spend time go to court for justice (sue jmb / owner)
ur JMB ignore your case and i agreed they suck
ur neighbour upstair just ignore your request, they are suck too

but what you can do next?? LOL

you got few options:
-fix it by urself
-go to KPKT Court
-change JMB, make yourself as a committee, best is chair man

pick one or your case will never ever move
Siao_Lang
post Jul 15 2019, 09:21 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.
*
This is true.. not everyday is a sunshine for everyone..

Some might b heavily indebted
BEANCOUNTER
post Jul 15 2019, 10:49 PM

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This is the -ve abt highrise...
se800i
post Jul 19 2019, 08:35 AM

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QUOTE(woolei @ Jul 5 2019, 11:59 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.
*
hi boss.....
may i know more detailed of your case?

Your unit is still under warranty by developer/JMB?

How is the tribunal looks like? does it looks like a court? I saw you written that the PENENTANG party which is the JMB doesnt sign the document then the tribunal case got to delay another 1 month? How if we dont bring sufficient or forgot to bring the proof to tribunal court on that day? will it be postponed too?


Nepo
post Jul 19 2019, 09:09 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.
*
Nice share, thanks
SUSjvcpcv55
post Jul 19 2019, 09:15 AM

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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.
*
PU injection will help if leaking is due to wall cracked dan rainwater seeps in

PU injection will not help if leaking due to water pipe / drain pipe
nookie188
post Jul 19 2019, 11:00 AM

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QUOTE(jvcpcv55 @ Jul 19 2019, 09:15 AM)
PU injection will help if leaking is due to wall cracked dan rainwater seeps in

PU injection will not help if  leaking due to  water pipe /  drain pipe
*
if due to water pipe /drain pipe - what is the solution then ?
SUSjvcpcv55
post Jul 19 2019, 05:11 PM

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QUOTE(nookie188 @ Jul 19 2019, 11:00 AM)
if due to water pipe /drain pipe - what is the solution then ?
*
find sources of leaking.

mainly due to joints,

if the pipe expose / can reach by hand
wrap toilet paper above and below joint, water will stain the toilet paper

if pipe concealed, have to hack walls


TSwoolei
post Jul 20 2019, 01:47 AM

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QUOTE(jvcpcv55 @ Jul 19 2019, 09:15 AM)
PU injection will help if leaking is due to wall cracked dan rainwater seeps in

PU injection will not help if  leaking due to  water pipe /  drain pipe
*
luckily for my case, on top of the leaking spot is not a water pipe/drain pipe.
if it yes also can do one, just whack all the way up until see the pipe, seal it, patch it up.
TSwoolei
post Jul 20 2019, 01:58 AM

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QUOTE(se800i @ Jul 19 2019, 08:35 AM)
hi boss.....
may i know more detailed of your case?

Your unit is still under warranty by developer/JMB?

How is the tribunal looks like? does it looks like a court? I saw you written that the PENENTANG party which is the JMB doesnt sign the document then the tribunal case got to delay another 1 month? How if we dont bring sufficient or forgot to bring the proof to tribunal court on that day? will it be postponed too?
*
already pass 5 years, (warranty is 2 years)

yes, it is a court. usually will meet after 1 month. because when you want to submit new evident, you have to submit to the counter at 2nd floor.

the process is like

1) you submit a case, check for available slot in calendar (usually is schedule after 30 days),
2) they will send letter to the owner & management, make sure they receive 2 week before the court date.
3) the owner and management have to come kpkt submit official reply and pass to you. (either they denied or what)
4) meet in the court and start debate, after that if judge need further evident like receipt,whatapp records, quotation from management, photo. you or that 3rd party have to submit.
5)meet after 30 days


my case solve after 3 court
1st court the owner get to run away from it, because i didnt give him the letter (make sure you get his acknowledgement with signature or signed post)
2nd one, i get to speak, show photo, show whatapps conversation. management also say the owner no answering call or etc. the owner upstair saying bullshit and lie.
3rd one, management give the judge quotation from their handiman, proof my claim is reasonable, court order issued


sorry if it too messy, sleepy now.

se800i
post Jul 22 2019, 09:51 AM

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QUOTE(woolei @ Jul 20 2019, 02:58 AM)
already pass 5 years, (warranty is 2 years)

yes, it is a court. usually will meet after 1 month. because when you want to submit new evident, you have to submit to the counter at 2nd floor.

the process is like

1) you submit a case, check for available slot in calendar (usually is schedule after 30 days),
2) they will send letter to the owner & management, make sure they receive 2 week before the court date.
3) the owner and management have to come kpkt submit official reply and pass to you. (either they denied or what)
4) meet in the court and start debate, after that if judge need further evident like receipt,whatapp records, quotation from management, photo. you or that 3rd party have to submit.
5)meet after 30 days
my case solve after 3 court
1st court the owner get to run away from it, because i didnt give him the letter (make sure you get his acknowledgement with signature or signed post)
2nd one, i get to speak, show photo, show whatapps conversation. management also say the owner no answering call or etc. the owner upstair saying bullshit and lie.
3rd one, management give the judge quotation from their handiman, proof my claim is reasonable, court order issued
sorry if it too messy, sleepy now.
*
first of all, thanks for your willingness to share in this thread. many people doesnt want to share here. I would reali need to thank you for this.
I am going for tribunal against the developer late VP very soon in tribunal. so i wish to know how is the place looks like and what kind of proof in multimedia or in paper form we must show in the court.

with what you have shared, i think i better to print out all the hard copy as primary proof and multimedia (whatsapp, email) in phone for secondary proof as back up to avoid running to tribunal court so many times.

for the letter, the developer refused to chop receipt, so i use AR post. This way is workable also, correct?

your 4th points, start debate means we got to tell your judge that the PENENTANG is at fault and tell both judge and PENENTANG we actually having proof to prove the PENENTANG is at fault is it?
TSwoolei
post Jul 23 2019, 01:09 AM

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QUOTE(se800i @ Jul 22 2019, 09:51 AM)
first of all, thanks for your willingness to share in this thread. many people doesnt want to share here. I would reali need to thank you for this.
I am going for tribunal against the developer late VP very soon in tribunal. so i wish to know how is the place looks like and what kind of proof in multimedia or in paper form we must show in the court.

with what you have shared, i think i better to print out all the hard copy as primary proof and multimedia (whatsapp, email) in phone for secondary proof as back up to avoid running to tribunal court so many times.

for the letter, the developer refused to chop receipt, so i use AR post. This way is workable also, correct?

your 4th points, start debate means we got to tell your judge that the PENENTANG is at fault and tell both judge and PENENTANG we actually having proof to prove the PENENTANG is at fault is it?
*
yes, print everything out, dont save printing money although it could be quick expensive.

it not a debate, more like tell the judge the story.

example:
good morning judge, i am xxxxxx, at 1st june 2017, i sign S&P for this house brah brah, but after 2.5 years, i still havent get vp letter or etc. (show the S&P, receipt etc to judge, they should have 1 set of copy)
according to agreement the developer should compensate me this amount brah brah brah.

i demand to get full compensation for late vp.

den the other party will start talking .

se800i
post Jul 23 2019, 08:12 AM

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QUOTE(woolei @ Jul 23 2019, 02:09 AM)
yes, print everything out, dont save printing money although it could be quick expensive.

it not a debate, more like tell the judge the story.

example:
good morning judge, i am xxxxxx, at 1st june 2017, i sign S&P for this house brah brah, but after 2.5 years, i still havent get vp letter or etc. (show the S&P, receipt etc to judge, they should have 1 set of copy)
according to agreement the developer should compensate me this amount brah brah brah.

i demand to get full compensation for late vp.

den the other party will start talking .
*
oh no ... I should have just print all out... you print it in color or BW ?
TSwoolei
post Jul 24 2019, 01:11 AM

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QUOTE(se800i @ Jul 23 2019, 08:12 AM)
oh no ... I should have just print all out... you print it in color or BW ?
*
picture color, other black n white
se800i
post Jul 24 2019, 08:38 AM

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QUOTE(woolei @ Jul 24 2019, 02:11 AM)
picture color, other black n white
*
thanks alot... I get the very useful info... thanks
newsongfashion
post Jul 28 2019, 06:14 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.
*
How about the case of highest floor unit? Let say there's water leaking on the roof slab of the highest floor. Should be the responsibility of the management or the owner of the highest floor?
Curry leaves P
post Aug 14 2019, 08:29 PM

New Member
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Probation
3 posts

Joined: Aug 2019
Thanks for sharing all the experience.

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Curry leaves P
post Aug 14 2019, 08:45 PM

New Member
*
Probation
3 posts

Joined: Aug 2019
In my case, the upstairs owner done once, " epoxy coating " on the bathroom floor.

And now, the problem still remain.

I talk to the owner and they yelling at me,
" I only do once ! I won't do twice! !I have spend RM 950, I won't spend any money again."

So, I am fed up! Angry! And feel like a fool!

Don't give any mercy to your ridiculous Upstairs owner....

 

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