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

usually they want to settle out from the tribunal

those things consume even more time

Poor quality or not, u still have to pay.

If JMB win, u will lose your property.

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.

my condo offer instalment
miss one payment, they will cut water as usual

If the confiscated items unable to cover the arrears, they will apply to the court to auction off your property.

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

Yes, I have proposed for an instalment plan but management had rejected and wanted me to pay full in 1 lump sum.

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....

Thanks for your reply. Yes, your reply mimics answers found online.

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.

Depends on the Tribunal judge to decide, if failed then u have to pay lump sum or lelong your property.

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.

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

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.

This is a very good suggestion. I will consider.

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.

Yes, trying to work out a win-win solution now but JMB is acting arrogant. ;/

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

you are wrong for not paying, everything else just sound like excuses

they refused to do instalment now and wanted full payment which leaves me no room to negotiate and have to head to tribunal

LOL. You were unreasonable when you wihthheld the fees due to some dispute with the developer. JMB and developer are 2 separate parties.

Since the JMB had already broght your case to the tribunal, they have to follow through. If they accept your offer to pay in instalments, it is still based on what you a saying now. What if you stop paying after the first few installments?

Secondly, you may not be the only unit that have arrears, the decision to file to the tribunal can be broadbased and they can't be seen playing favouritism in deciding otherwise on case to case basis.

Just start paying in instalments, if all the arrears were cleared by the time the next hearing, then case is auto clear.

This post has been edited by ScooterBoi: Aug 19 2019, 04:27 PM

if i owe you 30k since 1 year ago, and now you report police. then i offer paying you back in monthly instalments would you have accepted? dont kid yourself, theres no win-win situation, what youre doing is unfair to other residents.

For late payments, by right, there is a clause in the strata title dealing with it... like 10% interest.

If there is no stated penalty, then delay payments as late as possible la.

Usually, JMB would not give order to the clerks to stop or refuse any payment. So you can actually start paying in instalments accordingly to your wishes in variable amounts each month. Important thing is keeping the receipts.

What you should do is clear the outstanding amount claimed in the tribunal as soon as possible.

you can try pay 1 or 2 months fee if you have the cash

Oh wait, u mean the defect by developer and they taking their own sweet time to solve? That issue is between u and developer, not u and JMB. U should file housing tribunal case if there is any defect.

u have to pay bro... if they provide poor service that a different story you can voice out your opinion but if you don't pay you cannot voice out and you may require to pay penalty...from your story, it more side to JMB...not to you at all... if go to court I can say you will lose... the poor maintenance on the building are mostly due to residence don't pay the maintenance... last time my apartment the JMB is controlled by the management due to low people attending the JMB meeting and not many people have due on the maintenance bill... but we manage to take over the last 5 years ago...and the people that reside there manage the JMB is better...

You may console with the JMB and make payment partially and they may consider waiving the penalty...that what we have done at our apartment...we gave 50% off or 100% off for the penalty...

This post has been edited by harak_84: Aug 19 2019, 05:32 PM

option for installment plan is up to JMB; you are legally owing full 100% + interest charges

Walao ts really know how to offend your neighbors

Jmb can be a strong ally for you
But you choose to fight them

I recall I had a big issue and ask jmb for help
That really help solved my big headache

Exactly

Ts made a lot of enemies with his neighbors by doing so

open 6 or 12 cheques with total outstanding with official letter chop & sign

they got no reason to reject it , just give them cheques , if they not accept , bring it to court let judge decide

make sure u got prove that you've already providing solution for JMB while they still reject u

Hope they are currently charging you late payment interest of 10% pa of the outstanding amount. So the later you settle, the more the outstanding amount will become.

This is a good suggestion. I will consider doing this.

many still don't know jmb are not developer

facepalm

TS, you are being selfish and unreasonable.

Developer and JMB are two different entities.

You should still pay your maintenance fees.

How can you feel no shame to continue using the facilities of the apartment but not paying for them?

Pay your maintenance fees, along with the interests that come with it.

chill , punishment from TS will be the 10% interest charge & attend to tribunal court

we didnt know what happened to TS financial or JMB issue itself for the past year ,
Maybe some money even more emergency for him to pay with, so he skipped paying maintenance fees first .

Since he sincerely open thread by saying wanna pay back via installment already , it's better than those who refuse to pay

What are you on about lah

TS already said the only reason he does not want to pay is because of defects in his apartment, which is really attributed to the developer.

He thinks he is 'punishing' the JMB when instead it should be the Developer that he should take up his grievances with

You refused to pay due to poor rectification but you did not set aside the maintenance fee you owe instead you treated it as additional income and spent it all. Looks like you are overextended income wise and this condo might be too expensive for you. My JMB on the other hand steals like BN. Every new committee will think of new projects and the money collected bwill go missing.

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.

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.

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.

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.

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.

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.

sbb kau tak bayar la poor service

Bayar je la... nak enjoy tapi tak nak bayar...

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

This post has been edited by bristlebb: Aug 23 2019, 10:54 AM

you have to pay JMB no matter what.

your house defects are from developers' side.

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????

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

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.

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?

Please pay bro. People like you causing JMB to raise maintenance and make people like me suffer.

Also delay in fixing stuff like doing maintenance work on lifts because of people like him

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

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

isn't it best to get lawyers advice on matters like this

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!

TS

Thanks for the advice. I will try to pay some fee starting September and see how the case goes in mid September. Anyways, the gate barrier fall on top of my car and causing damages to my car when I enter the parking. Management did not reply at all. How should I proceed with it? The parking is a rental from other owner

If serata title dont waste your time , you will lose . Our malaysia law like that what to do .

TS, what is the amount owed?
*if there is nothing in the unit, nothing can be confiscated.

Annoying as hell this kind of ppl don't deserve to stay in s community place la.. Not passing maintenance still want to putar..

This ppl serving your condo.. Can you imagine if they are not being paid /being paid less because of ppl like you??

Walao. Like what other said. Jmb is not developer.....

TS really deserved it.. don't pay and complain here.

how much the amount you're talking here?

they have the right to be.
you fail to capture the importance of paying your maintenance fee which is used to upkeep the condo in a desirable state.

now imagine there are 100 of you failing to pay?
raise the maintenance fee, things falling apart, less quality tenant, more shitty tenant, more frequent breakdowns, less security - are some of the consequences

of course jmb wants a lump sum. Based on your shitty track record its only natural they wanna mitigate risk by collecting one shot

Dear ts.... maintenance fee of stratified unit is like tax...u must pay....either they perform up to ur expectation or not does not constitute u have the right not to pay....you can vote the current JMC out during the next agm have u been a good paymaster...

Some more u have grievance with developer and u do not pay Jmb the maintenance fee both are totally separate issues...if the judge hear this reasoning u straight away lose your case....if u are not satisfied with the defect rectification u can actually inform your s&p lawyer to withhold certain percentage amount from the loan disbursement to them...

Your case is clear cut will lose....

Sure kena hentam by tribunal
If they do a bad job, uu shud drag them to tribunal instead of not paying

Win or lose u still need to pay the outstanding maintenance.
Do urself a favour, clear them all, or sell ur property.

You are an epitome of a cheap people

TS selfish af.
Keep saying JMB refuse instalment plan bla bla bla.
But have you started paying even a portion of the debt?
You just seems like keep delayimg more and more.

Ppl like you should just go back stay at rumah setinggan

Taking loan , installment with bank
Settled

#788 warning against living in highrise in malaysia

So far i see.. usually jmb win one o .. eventhough how lousy they are

Mgmt don't have any right to close off water or electricity. These are our basic rights and is illegal.

Just talk to mgmt why you don't want to pay, go to the AGM to voice out your complaints.

But you must pay whether the mgmt is lousy or not, that is the law.

This post has been edited by jalsrix: Aug 31 2019, 09:04 PM

People are TS are the worst kind of neighbours. Pay up your maintenance because the lift, cleaning, security, electricity and other facilities are not free.

Look down on this kind of ppl

TS just pay what you can. I don't understand why you never save the money you were supposed to pay the JMB. Its because of people like you that jmb don't have enough funds for maintenance and upkeep.

Finally done