Hi Guys,

Here is my stories, my top unit neighbor bathroom have water leak issue which cause my bathroom paint to peel off. I already file complaint to JMB, and JMB already notify the owner. This issue had been there since 2015, and I notice the problem cannot be resolve because the owner don't want to do.

Therefore I file complaint to COB. Once after I file complaint to COB, what can I do next?

Those paint powder is causing issue to my health.

nothing else to do except sue that SOB

Engage a lawyer to make them pay.

should be expensive...not sure can I get help from COB's lawyer?

To resolve water leaking properly needs to hack and remove existing floor tiles, apply water proofing, test and lay new floor tiles. It could cost $10k or more and takes 2 weeks.

Fault was by builder and doesn't effect owner. Few if any would repair voluntarily.

Same case as my, go to COB is super useless, i directly skip that step and all the way to Putrajaya KPKT.

my hearing is schedule on next month (should be able to settle) , just spend RM100 to file a case at KPKT only.

https://forum.lowyat.net/index.php?act=ST&f=154&t=4646897

got cheaper options, can always go tribunal court with RM100 cost (only for strata management property).

no need la, just do PU injection will do.

Awesome bro! Mind I PM you for the details? I'm in serious headache and need your advise. I want to know what document I need to prepare.

This post has been edited by soules83: Aug 30 2018, 03:56 PM

Good information...

She doesn't really hav field experience

Dun waste gassi

Thanks a lot for sharing, great case study. Update us your progress bro, I am sure you have the upper hand.

Trollolololol

Bullshit.

my apartment every house got this issue. then how? developer need to redo all?

What would be your method? How would you repair it?

This post has been edited by icemanfx: Jun 12 2019, 08:05 PM

ops just saw this post again, in the end i won in the KPKT, owner upstair have to compensate all the cost of repair.

but my request to ask for emotional compensation is begin ignore by the judge, but overall i satisfie the result.

if still under warrentee period, gather all dude to go KPKT file together at same time.
can claim for it.

if after the period already, cant do much but claim from the owner upstair.
if they dont do for you, go to KPKT like me.

No JMB will hack off tiles to fix water proofing issues. Unless it is a cash rich development.

Most use something like this :-

https://www.lazada.com.my/products/galaxy-g...-s19224637.html


Apply 2x per year guaranteed it won't have floor leaks. Even high end premium places use this method these days.

This post has been edited by icemanfx: Jun 13 2019, 05:58 AM

Emotional compensation? I will be surprised if he did take that into account

what type of claim we can get? if they offered me but the problem still exist then how?

from KPKT website they did mention can claim for emotional damage, like make you feel stress, cant sleep at night, emo and etc.
but the staff at counter tell me it doesn't work that way, ask me to remove that in the request.

lol feel flatter when saw ur signature, so give face


if they offer to fix, fix it 1st.
problem exist ask them fix again.

i spend 6 month, went kpkt 7 times and take leave, spend alot of time research also.
at first i dont want to do it, but the owner ignore me and pattern, so i very angry.

Woolei, Understand your pain, I in progress of handling the ignore pattern issue now.

try give them and management 1 warning, according to law, the management have to fix it onbehalf of both of you and claim the owner upstair.

ping me if you decide to escalate, i can share some experience to you privately.

no charge, as i know how helpless feeling is that.

currently I faced the same problem..

I try to negotiate with the owner upstairs to repair the leaking but they did not want to cooperate, even I offer to pay 100% of the repair cost, they just turn me down. They told my contractor that their house got no problem at all.

Then I refer to the management but they keep delaying to respond with so many excuses. I contact COB PJ and this COB advise the management to take action. After a few follow up, the COB advise me to bring to tribunal but I need "Borang 28" from the management to file the case.

Three months has pass and the management is still failed to give me the "Borang 28" for me to bring it to the tribunal. The management already do house inspection, take the picture of all the leakage spot in my house, but they did not want to give me the "Borang 28". They told me that they have instruct the owner of upper house to repair with several reminder. Thats all but nothing happen.

In this situation, what option do I have?

GIVE THEM LAWYER LETTER..

How much it cost to get a lawyer for this? If yes, can we claim the lawyer fee as part of the claim from JMB after winning the court case?

1st LoD write yourself.
2nd LoD get a lawyer to write = RM200-500.

Claim back?If go to tribunal then no. If go to court then yes.

1st LoD write yourself. <--- got template?

Will PM you.

PMed.

This post has been edited by Bjorn1688: Jul 12 2019, 12:43 AM

ask them to give you form28, or you can escalate it to committee.
if committee dont care, the next AGM, voice it out loudly.

be fierce, dont act kind. else you the one who suffer.

dont be silly, management is just coordination party, no point to issue lawyer letter.


ya, tribunal cant claim for expenses (filing fees, petro, time and etc), only can claim repair cost base on receipt.

maybe rm200 ++
not yet bring to court .
normaly once they received lawyer letter , they will jump already

I got my borong 10, but JMB and owner still ignore me. Its been more than 2 months no action from them. I called tribunal, they told me to issue lawyer letter to JMB?

what is borang 10?

did you request it officially? do this step if you haven't.
verbal conversation they can just ignore you.

-send email and hard copy letter officially to request Form28, send 3 time with interval of 7 days.
-complaint for water leaking and ask management to stop water supply from the unit above you. ( do it intermittently, every 2-3 days, make it sound more serious)
-start to look for contractor, get a quotation to fix from your unit area by injection, get it done and claim later from tribunal
-spread the word to others resident, time to change JMB.

I think I saw an advert in facebook that they can waterproof the unit without hacking.
You should just do that.

Go to any book shop, buy a Strata Management Act 2013 book, in the book u can find the Borang 28, u can even either use photocopy version or type ueself in Word and print to use.



For any inter leakage, u can refer to Strata Management Regulation 2015, Section 60- 62 as per enclosed.



u can find Form 28 as enclosed in the book also. You may need to pre-fill the form and obtain JMB/MC signature and file to COB.

-send email and hard copy letter officially to request Form28, send 3 time with interval of 7 days.
Yes: I already received the form28, attend the tribunal court and the tribunal give both me and the JMB borong 10 with statement asking the owner and JMB to fix the problem within 30 days.
-complaint for water leaking and ask management to stop water supply from the unit above you. ( do it intermittently, every 2-3 days, make it sound more serious)
haven't will do so.
-start to look for contractor, get a quotation to fix from your unit area by injection, get it done and claim later from tribunal
haven't will do so. I called the tribunal, they told me JMB have to agree to pay the bill if not I need to get lawyer to sue JMB to court..
-spread the word to others resident, time to change JMB.
haven't will do so during the annual meeting.

ohh, for me the judgement from KPKT is JMB will pay back the amount as per my repair receipt (already did it myself before go KPKT), after that JMB will claim back from the owner upstair.

i cant believe that the JMB and Owner dont honor the judgement, they could be punished by the consequenses as it is a bond by law.


my advice, get a quotation from your contractor, after that send another email & letter to owner&JMB telling them about the amount, if 7 day no repair action, you will proceed and claim back.

keep all the proof, email, receipt, conversation and etc.

worst case, just go to KPKT again. with the 1st borang 10 and pass experience you have, it should be more faster & easier.

follow this thread.

In the amended strata act it is presumed that the leak is caused by the unit above. The JMB or MC has a statutory obligation to fulfil. That is to inspect the leak, the unit above and issue a report detailing the cause of the water leak.

If the owner or the unit from which the leak doesn’t conduct the repair, JMB/MC has to enter the unit forcefully and get the repair done and pass the cost to the said unit.

This post has been edited by Thasmita: Jul 14 2019, 12:32 AM

Sure thing. It surprised me that JMB keep giving lame reason.

Good luck bro, may the justice serve us!

Can I get a copy as well? Thanks!

Can I get a copy as well? Thanks.

What if drain piping leaking from above unit, the cost of repair by unit above?

Many owners is ignorant on the new strata law.

Hi bro, need your advice. I bought an auction property and open unit on Friday 28/2/2025, once open the unit there is leaking issue inside my bathroom.
I complaint to MO the next day and they have not settle it.
Mind you this property already Ended DLP on its 4thyear currently.
MO refuse to issue Form 28 and passed the issue to developer
Until today 24/3 the issue has yet to be settled.

What should i do

why MO refuse to issue Form 28? Where is the actual leak?

This is their reply

We understand your frustration and appreciate your patience throughout this matter.

Please find our responses to your queries below :

1. Why is the Management Office deferring its responsibility to the Developer?
This leak is a recurring defect, not a new issue.
It had previously been rectified by the developer during the Defect Liability Period (DLP).
As such, we are liaising with the developer to revisit and resolve the matter.
We are not deferring responsibility but are following up due to the developer's prior involvement.

2. Why has Form 28 not been issued to the owner of B-03A-01?
Based on our investigations and confirmation from the unit above (B-03A-02), no new renovation work has been carried out by the owner.
The earlier leak was addressed by the developer, and the source appears to be related to the previously rectified issue.
Hence, at this stage, issuing Form 28 to the owner of the upper unit is not appropriate.

3. Why has this issue remained unresolved for 37 days?
Kindly note that your formal email was only received by our office on 3 March 2025.
As explained during our previous renovation and defect meeting, we have had to coordinate with several parties — including the defect team, the owner of the upper unit, and external contractors — to assess both renovation and defect histories.
An external contractor was engaged to inspect your unit, and preliminary repairs were carried out. Your unit has since been under monitoring.
Furthermore, the availability of the upper unit’s occupant was required for joint inspections, which has contributed to scheduling delays.

Unfortunately, the leak reappeared after the Raya holidays.

As informed, the defect team has now arranged for a PU injection specialist to conduct further inspection and rectification on Saturday, 13 April 2025. (this will also need to confirm with above unit availability)
We understand your frustration and sincerely apologize for the inconvenience and prolonged resolution process.

Please rest assured that we are actively coordinating with all relevant parties — including your unit, the upper unit, the defect team, and external contractors — to bring this matter to a final resolution.

Long process as involved so many parties especially developer. They need developer approval the way forward, then arrange with unit and contractor. Also long holidays made it bad too.

I sometimes having coordination headache too even dealing with management, contractor, unit and tenant. Till you coordinated 1 time of such incident you will know the difficulty. Will be even worst if the unit is tenanted then u add in another party the owner to the coordination. Also, if the owner or tenant not cooperative.