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 JMB drag me to Tribunal Strata, Not paying maintenance fee

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TSahrapture
post Aug 19 2019, 01:51 PM, updated 7y ago

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As the title reads, JMB had file to Tribunal strata as I had not been paying maintenance fee due to poor rectification works when I bought the property. The JMB had also shut the water to threaten us (In which turning off the tap fully is illegal). We have made a police report and informed the COB and eventually the management turn back on the water pending Tribunal strata court hearing.

Any of you have faced a similar situation before? What are the possible solution if we agreed to pay during tribunal court hearing? Would there be installments options etc? What are the fines? Thank you guys biggrin.gif
M4A1.
post Aug 19 2019, 01:58 PM

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usually they want to settle out from the tribunal

those things consume even more time
acbc
post Aug 19 2019, 01:59 PM

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Poor quality or not, u still have to pay.

If JMB win, u will lose your property.
TSahrapture
post Aug 19 2019, 02:02 PM

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QUOTE(acbc @ Aug 19 2019, 01:59 PM)
Poor quality or not, u still have to pay.

If JMB win, u will lose your property.
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I understand that owners would need to pay the fee. But losing the property, is there a law that says owners will lose the property? Most potential outcomes are either DBKL raiding property and confiscate furniture to recover.

I am considering to pay and work out a win-win solution but JMB had rejected my offer of instalments payment.
szecheng
post Aug 19 2019, 02:04 PM

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my condo offer instalment
miss one payment, they will cut water as usual
acbc
post Aug 19 2019, 02:04 PM

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QUOTE(ahrapture @ Aug 19 2019, 02:02 PM)
I understand that owners would need to pay the fee. But losing the property, is there a law that says owners will lose the property? Most potential outcomes are either DBKL raiding property and confiscate furniture to recover.

I am considering to pay and work out a win-win solution but JMB had rejected my offer of instalments payment.
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If the confiscated items unable to cover the arrears, they will apply to the court to auction off your property.
MeToo
post Aug 19 2019, 02:04 PM

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QUOTE(acbc @ Aug 19 2019, 01:59 PM)
Poor quality or not, u still have to pay.

If JMB win, u will lose your property.
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No he wont.

He will be ordered to pay.

Failing which JMB can apply to sita his property and sell the things INSIDE it to recover the maintenance arrears (eg furniture, appliances etc).

But ofcourse this is just a Tribunal, even if TS lose he can appeal to the courts of law
TSahrapture
post Aug 19 2019, 02:05 PM

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QUOTE(szecheng @ Aug 19 2019, 02:04 PM)
my condo offer instalment
miss one payment, they will cut water as usual
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Yes, I have proposed for an instalment plan but management had rejected and wanted me to pay full in 1 lump sum.
MeToo
post Aug 19 2019, 02:06 PM

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QUOTE(ahrapture @ Aug 19 2019, 02:02 PM)
I understand that owners would need to pay the fee. But losing the property, is there a law that says owners will lose the property? Most potential outcomes are either DBKL raiding property and confiscate furniture to recover.

I am considering to pay and work out a win-win solution but JMB had rejected my offer of instalments payment.
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Previously JMB rather powerless.

Lots of ppl refuse to pay and there is very little anyone can do about it.

With the new Strata Act and the Tribunal, JMB is given MUCH MUCH more teeth to fight back....
TSahrapture
post Aug 19 2019, 02:07 PM

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QUOTE(MeToo @ Aug 19 2019, 02:04 PM)
No he wont.

He will be ordered to pay.

Failing which JMB can apply to sita his property and sell the things INSIDE it to recover the maintenance arrears (eg furniture, appliances etc).

But ofcourse this is just a Tribunal, even if TS lose he can appeal to the courts of law
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Thanks for your reply. Yes, your reply mimics answers found online. smile.gif
kbhai
post Aug 19 2019, 02:12 PM

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You will lose not your property, unless you raked up the maintenance fee amount = unit purchase amount. But even so, not so straight forward things to do.

Once tribunal awarded, JMB has the right to confiscate anything in your unit until reach the total maintenance fee amount. This is stated in the Strata law.

How long you never pay up your maintenance fees? Usually, you can nego to pay by installments with JMB, unless you didn't entertain/seek their advice after several reminders sent before.

Better pay up. Either you will end up own stay/sell/rental, it doesn't look good on you.
yhtan
post Aug 19 2019, 02:13 PM

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QUOTE(ahrapture @ Aug 19 2019, 02:05 PM)
Yes, I have proposed for an instalment plan but management had rejected and wanted me to pay full in 1 lump sum.
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Depends on the Tribunal judge to decide, if failed then u have to pay lump sum or lelong your property.
TSahrapture
post Aug 19 2019, 02:16 PM

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QUOTE(yhtan @ Aug 19 2019, 02:13 PM)
Depends on the Tribunal judge to decide, if failed then u have to pay lump sum or lelong your property.
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Do you know what are the potential award outcome by the judge? I am suggesting an instalment plan now to the JMB but JMB rejected and wanted the full amount.
TSahrapture
post Aug 19 2019, 02:18 PM

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QUOTE(kbhai @ Aug 19 2019, 02:12 PM)
You will lose not your property, unless you raked up the maintenance fee amount = unit purchase amount. But even so, not so straight forward things to do.

Once tribunal awarded, JMB has the right to confiscate anything in your unit until reach the total maintenance fee amount. This is stated in the Strata law.

How long you never pay up your maintenance fees? Usually, you can nego to pay by installments with JMB, unless you didn't entertain/seek their advice after several reminders sent before.

Better pay up. Either you will end up own stay/sell/rental, it doesn't look good on you.
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We proposed to pay to JMB in instalment a year ago and they say they had file it Tribunal and can't do instalment anymore. During the tribunal, the judge had postpone it due to some issues with the JMB.

Last payment was 2 years ago. Thanks bro
yhtan
post Aug 19 2019, 02:27 PM

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QUOTE(ahrapture @ Aug 19 2019, 02:16 PM)
Do you know what are the potential award outcome by the judge? I am suggesting an instalment plan now to the JMB but JMB rejected and wanted the full amount.
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I do not know, the judge can choose both way depending on his judgement.

I suggest u to pay a bit to clear off some and show it to the judge that u have the willing to pay instead of leaving there. Doing this also can increase your chance to get it instalment.
TSahrapture
post Aug 19 2019, 02:28 PM

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QUOTE(yhtan @ Aug 19 2019, 02:27 PM)
I do not know, the judge can choose both way depending on his judgement.

I suggest u to pay a bit to clear off some and show it to the judge that u have the willing to pay instead of leaving there. Doing this also can increase your chance to get it instalment.
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This is a very good suggestion. I will consider.

ScooterBoi
post Aug 19 2019, 03:07 PM

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QUOTE(ahrapture @ Aug 19 2019, 02:28 PM)
This is a very good suggestion. I will consider.
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Should start paying in installments since eventually you will have to clear the arrears.

Any further delay is not to your advantage since the fees is accumulating every month.




TSahrapture
post Aug 19 2019, 03:55 PM

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QUOTE(ScooterBoi @ Aug 19 2019, 03:07 PM)
Should start paying in installments since eventually you will have to clear the arrears.

Any further delay is not to your advantage since the fees is accumulating every month.
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Yes, trying to work out a win-win solution now but JMB is acting arrogant. ;/
dvinez
post Aug 19 2019, 03:59 PM

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installment is highly possible, how about reach them out of court settlement?

you are wrong for not paying, everything else just sound like excuses
TSahrapture
post Aug 19 2019, 04:19 PM

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QUOTE(dvinez @ Aug 19 2019, 03:59 PM)
installment is highly possible, how about reach them out of court settlement?

you are wrong for not paying, everything else just sound like excuses
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they refused to do instalment now and wanted full payment which leaves me no room to negotiate and have to head to tribunal

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