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 JMB drag me to Tribunal Strata, Not paying maintenance fee

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SUSfuzzy
post Aug 20 2019, 07:08 PM

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QUOTE(ahrapture @ Aug 19 2019, 03:55 PM)
Yes, trying to work out a win-win solution now but JMB is acting arrogant. ;/
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It's already way pass that. Once a case goes to Tribunal, you cannot just randomly withdraw it because it might mean they will not be able to file it again in the future. There's nothing arrogant about it. If someone owes' you 100k, refuses to pay, then when hear it becomes a court case, ask if can pay RM1k a month until settle, will you accept it?

No, because there is no guarantee the person will stop paying again after you withdraw the case.

What can happen if found guilty?

Article 34 and 35 states it clearly:

1) Fine of up to RM5k and/or imprisonment of 3 years. Also if still continue not to pay, a daily penalty of up to rm50.

2) They can confiscate and auction off your stuff from the condo. But the act also provides a clause that allows them to take anything from anywhere in the State, which might mean they can even ask to seize and auction off stuff that is in your other houses (though I might read that incorrectly).

3) They can also confiscate and auction off the condo itself but that is last resort dah.
s@ni
post Aug 21 2019, 07:02 AM

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QUOTE(acbc @ Aug 20 2019, 02:05 PM)
The JMB is an ally and usually anti developer. By right u should not punish them by not paying the maintenance fees.

My former apartment also same. 70% not paying their maintenance fees. The JMB had to fight with UMNO and PKR people as well as developer to get things done. When things ok, the JMB got booted out and replaced with political parties own people. Now the shit continued.
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That's a fucked place to live.


Anyway, I'm still paying my house maintenance fee even though there is defects on the house. Yeah, the defects by the contractor, but the maintenance fee is for security and cleaning. Don't let other people pay for your safety and then brag u live in gated and guarded area... Worst scum.
kaemon
post Aug 21 2019, 04:39 PM

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QUOTE(ahrapture @ Aug 19 2019, 01:51 PM)
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
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topkek

dev problem go kacau JMB.

FYI JMB have every right to reject your settlement offer. Perhaps what you can do is to suggest to the tribunal that you are willing to: (1) resume payment for maintenance fee immediately, and (2) are willing to settle all outstanding dues, but since the amount is quite huge (2 years worth), you propose the settlement scheme to the tribunal and let the tribunal decide if the scheme is fair to both side.

JMB still have the right to reject your proposal, but the tribunal may order a settlement scheme to be put in place while striking a fair and reasonable decision for both side. Remember, the JMB is not the sohai here, you are. IMHO, start paying the current fees and if possible the arrears in the earlier months as far as you financially are capable.
teehk_tee
post Aug 22 2019, 10:41 AM

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Hey TS, congrats on picking the wrong fight with the JMB and not the Developer.

By the way, all this goes into Ctos yeah.

If u want to guide this case towards an installment, u need to pay 1-2 months now and start clearing them in post-dated cheques. Either way, due to a large amount of cases the current law and precedence side the JMB a lot more vs irresponsible tenants.
Donphatz
post Aug 22 2019, 10:25 PM

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hye TS, my advise, please communicate with the JMB using an official letter. if you have relatives who have law background can ask them to draft the letter. because in tribunal its only black n white. JMB can show that they have issue ample warning letter without any replies.
mousqy
post Aug 23 2019, 10:03 AM

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sbb kau tak bayar la poor service


SUSfreeman1
post Aug 23 2019, 10:06 AM

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Bayar je la... nak enjoy tapi tak nak bayar...
bristlebb
post Aug 23 2019, 10:53 AM

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JMB is owner's ally. you pick the wrong fight ts

This post has been edited by bristlebb: Aug 23 2019, 10:54 AM
cHaRsIeWpAu^^
post Aug 23 2019, 12:07 PM

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you have to pay JMB no matter what.

your house defects are from developers' side.


SUSjvcpcv55
post Aug 24 2019, 09:34 PM

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you buy condo

you know need to pay maintenance fees monthly

you condo got problem go look for developer la

why give excuses not to pay maintenance fees????
accitzone
post Aug 25 2019, 04:33 AM

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QUOTE(ahrapture @ Aug 19 2019, 01:51 PM)
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
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What JMB had to do with rectification works? Rectification works is your issue with the seller. Either Developer for newly built property or the previous owner for sub sale.

Why are you dragging the JMB into your repair problems?

My advice is that you start paying, go to the JMB office and schedule for periodic payments
chamelion
post Aug 25 2019, 04:54 AM

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Interest.

They want to open the path to allow them to charge you interest on the debt.

You have no case as explained by other post, so very likely you will lose and jmb will able to win and request interest to be added to the debt.




Newsray
post Aug 26 2019, 09:30 AM

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1. Not pay maintenance because of excuse developer not resolve your problem.
2. The supposed maintenance money goes elsewhere.
3. Tribunal court case.
4. Ask to pay in installment?

Where did the money go? spent already?
If you had the money to pay earlier, I suppose it could still be in the bank? under the pillow or somewhere? No?
heliozguard
post Aug 27 2019, 01:13 AM

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Please pay bro. People like you causing JMB to raise maintenance and make people like me suffer.
fox_shinoda
post Aug 27 2019, 05:58 AM

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QUOTE(heliozguard @ Aug 27 2019, 01:13 AM)
Please pay bro. People like you causing JMB to raise maintenance and make people like me suffer.
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Also delay in fixing stuff like doing maintenance work on lifts because of people like him
hotjake
post Aug 27 2019, 11:46 AM

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TS actually wants to get discounts on top of the installments minus the penalty.

because:

1. he felt justified due to defects (which is the responsibility of developer and not management). a lame excuse btw

2. untung sebab tak perlu bayar as much as others when summed up in total

I've been in JMB before. Prove me wrong by paying what you owed, starting today with whatever you can afford. if you have paid regularly from the start you wouldn't find yourself in a mess right now because u used up the 'free' money right?

padan muka
BS8110
post Aug 27 2019, 12:18 PM

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First, start paying the current maintenance fee. Surely got current maintenance fee for July/August right?

For the outstanding fee installment payment option, it is up to JMB to accept. For JMB not accepting that option indicates that this issue had gone beyond their acceptance level a.k.a cross the line already, maybe many time already reminded TS but never respond & pay, so they fed up already.



This post has been edited by BS8110: Aug 27 2019, 12:19 PM
BobSponge
post Aug 27 2019, 12:22 PM

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isn't it best to get lawyers advice on matters like this
xtanks5449
post Aug 27 2019, 01:01 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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Please provide further details such as how much in arrears and how many month, as for all of us to decide to bash you or not!
cstan61
post Aug 27 2019, 02:16 PM

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TS bangwall.gif

QUOTE(xtanks5449 @ Aug 27 2019, 01:01 PM)
Please provide further details such as how much in arrears and how many month, as for all of us to decide to bash you or not!
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