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 Management blocking reno during Phase 2, Lawful?

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TSKingArthurVI
post Aug 11 2021, 07:56 PM, updated 5y ago

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Hi all, I live in Penang which is currently under Phase 2 of the NRP. My understanding is that the government SOP allows renovation, in fact, I've heard other condos allowing renovations albeit with certain restrictions, for example:

1. Contractor workers must be fully vaccinated.
2. Max of 4 workers in the unit at any given time only.

I am fully willing to comply with these restrictions as long as the renovation project gets started.

However, my condo management is refusing to let me perform renovation, citing that the residents are fully against it as they have to work/study from home. I do understand this, but I've also been paying the monthly maintenance and sinking funds so I believe I have the right to perform renovation on my unit.

Can Management continue to block my renovation attempts like this? Is this lawful? My lawyer friend suggested I lodge a police report and let the police talk to Management, but I also don't want things to get ugly.
Jaclow
post Aug 11 2021, 07:59 PM

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Can, in house rules override.
Macam I, law cannot make noise after 11pm.

My stypik management after 8pm cannot make noise.

This post has been edited by Jaclow: Aug 11 2021, 08:01 PM
Yveatel
post Aug 11 2021, 08:02 PM

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in house rules need AGM to approve
mini orchard
post Aug 11 2021, 09:14 PM

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QUOTE(KingArthurVI @ Aug 11 2021, 07:56 PM)
Hi all, I live in Penang which is currently under Phase 2 of the NRP. My understanding is that the government SOP allows renovation, in fact, I've heard other condos allowing renovations albeit with certain restrictions, for example:

1. Contractor workers must be fully vaccinated.
2. Max of 4 workers in the unit at any given time only.

I am fully willing to comply with these restrictions as long as the renovation project gets started.

However, my condo management is refusing to let me perform renovation, citing that the residents are fully against it as they have to work/study from home. I do understand this, but I've also been paying the monthly maintenance and sinking funds so I believe I have the right to perform renovation on my unit.

Can Management continue to block my renovation attempts like this? Is this lawful? My lawyer friend suggested I lodge a police report and let the police talk to Management, but I also don't want things to get ugly.
*
When you are Mr Nice, problems dont get solve. How ?
Phyarc
post Aug 12 2021, 12:11 AM

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QUOTE(KingArthurVI @ Aug 11 2021, 07:56 PM)
Hi all, I live in Penang which is currently under Phase 2 of the NRP. My understanding is that the government SOP allows renovation, in fact, I've heard other condos allowing renovations albeit with certain restrictions, for example:

1. Contractor workers must be fully vaccinated.
2. Max of 4 workers in the unit at any given time only.

I am fully willing to comply with these restrictions as long as the renovation project gets started.

However, my condo management is refusing to let me perform renovation, citing that the residents are fully against it as they have to work/study from home. I do understand this, but I've also been paying the monthly maintenance and sinking funds so I believe I have the right to perform renovation on my unit.

Can Management continue to block my renovation attempts like this? Is this lawful? My lawyer friend suggested I lodge a police report and let the police talk to Management, but I also don't want things to get ugly.
*
Part 7, the Third Schedule (By-laws) of Strata Management Regulation

27. Renovation works and repairs
1. A proprietor shall not carry out any renovation works to his parcel without first obtaining a prior written approval from the management corporation and, where necessary, from the appropriate authority.
2. In giving approval for any renovation works, the management corporation may require the proprietor to place an amount with the management corporation as a deposit for compliance with these by-laws or any additional by-laws relating to such renovations works and may require that the renovation works be completed within a certain time.
3. It is the sole responsibility of the proprietor to check with the appropriate authority for the need of any approval to carry out the renovation works and the proprietor shall pursue the matter with the appropriate authority on his own initiative. If the proprietor applies for any approval from the management corporation for permission to carry out renovations works, the management corporation is entitled to assume that the proprietor has obtained the necessary approvals from the appropriate authority, where necessary, and a copy the approvals of the appropriate authority shall be submitted to the management corporation at the time of application for approval by the management corporation. If the management corporation gives its approval for any renovation works and it is subsequently discovered that the requisite approvals from the appropriate authority were not obtained or not properly obtained, the proprietor shall be solely responsible to the appropriate authority and the approval granted by the management corporation for renovation works shall be deemed rescinded forthwith.
4. All renovation works in a parcel shall be confined to the boundaries of the parcel and no works shall be carried out on any part of the common property.
5. Renovation waste or refuse shall not be discarded by a proprietor or his workmen at any refuse chamber or sink or water closet or any part of the common property and such items are required to be removed from the building by the proprietor or his workmen unless there is a designated facility in the building approved by the management corporation for this purpose.
6. A proprietor shall ensure that any renovation works to his parcel shall not in any way whatsoever affect or weaken any structural member support, including shear walls or structural load-bearing beams or columns in the building. If any damage is caused to any of the building structural members by such renovation works, the proprietor shall at his own cost immediately rectify and make good the damage under the supervision of a competent civil and structural engineer appointed by the management corporation and the proprietor shall bear all cost relating thereto.
7. A proprietor shall take full responsibility for any defect or damage to the common property as a result of the renovation works or repair works to his parcel and if any damages is caused the proprietor shall immediately at his own cost, rectify and make good the damage to the satisfaction of the management corporation.
8. A proprietor shall ensure that adequate precautions are taken against damaging any concealed wirings, cables, pipes and ducts during the renovation works or repairs to his parcel, and any such damage caused by the renovation or repair works shall be rectified and made good immediately to the satisfaction of the management corporation and any competent civil and structural engineer appointed by the management corporation and the proprietor shall bear all cost relating thereto.
9. If the proprietor intends to change the floor finishes to any wet area in his parcel, he shall replace the existing damp proof membrane with a new damp proof membrane, continuing upwards at any wall junction for at least 150 mm high. If the proprietor intends to change the wall tiles in a wet area, the proprietor shall similarly replace the affected part of the damp proof membrane at the junction of the wall and the floor.
10. A proprietor shall ensure that any renovation or repair works to his parcel shall not in any way cause inconvenience or danger to the other proprietors in the building.


Based on this, your management is not unlawful.
Hearing neighbour stomping during work from home is bad enough, imagine hearing hacking/drilling. If your renovation does not involve noise and vibration it is easier to talk to management/neighbour. And you should be allowed to do renovation on Saturday half day...you can schedule to do noisy work on Saturday and others non intrusive works on other days.

This post has been edited by Phyarc: Aug 12 2021, 12:19 AM
TSKingArthurVI
post Aug 12 2021, 12:50 AM

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QUOTE(Phyarc @ Aug 12 2021, 12:11 AM)
Part 7, the Third Schedule (By-laws) of Strata Management Regulation

27. Renovation works and repairs
1. A proprietor shall not carry out any renovation works to his parcel without first obtaining a prior written approval from the management corporation and, where necessary, from the appropriate authority.
2. In giving approval for any renovation works, the management corporation may require the proprietor to place an amount with the management corporation as a deposit for compliance with these by-laws or any additional by-laws relating to such renovations works and may require that the renovation works be completed within a certain time.
3. It is the sole responsibility of the proprietor to check with the appropriate authority for the need of any approval to carry out the renovation works and the proprietor shall pursue the matter with the appropriate authority on his own initiative. If the proprietor applies for any approval from the management corporation for permission to carry out renovations works, the management corporation is entitled to assume that the proprietor has obtained the necessary approvals from the appropriate authority, where necessary, and a copy the approvals of the appropriate authority shall be submitted to the management corporation at the time of application for approval by the management corporation. If the management corporation gives its approval for any renovation works and it is subsequently discovered that the requisite approvals from the appropriate authority were not obtained or not properly obtained, the proprietor shall be solely responsible to the appropriate authority and the approval granted by the management corporation for renovation works shall be deemed rescinded forthwith.
4. All renovation works in a parcel shall be confined to the boundaries of the parcel and no works shall be carried out on any part of the common property.
5. Renovation waste or refuse shall not be discarded by a proprietor or his workmen at any refuse chamber or sink or water closet or any part of the common property and such items are required to be removed from the building by the proprietor or his workmen unless there is a designated facility in the building approved by the management corporation for this purpose.
6. A proprietor shall ensure that any renovation works to his parcel shall not in any way whatsoever affect or weaken any structural member support, including shear walls or structural load-bearing beams or columns in the building. If any damage is caused to any of the building structural members by such renovation works, the proprietor shall at his own cost immediately rectify and make good the damage under the supervision of a competent civil and structural engineer appointed by the management corporation and the proprietor shall bear all cost relating thereto.
7. A proprietor shall take full responsibility for any defect or damage to the common property as a result of the renovation works or repair works to his parcel and if any damages is caused the proprietor shall immediately at his own cost, rectify and make good the damage to the satisfaction of the management corporation.
8. A proprietor shall ensure that adequate precautions are taken against damaging any concealed wirings, cables, pipes and ducts during the renovation works or repairs to his parcel, and any such damage caused by the renovation or repair works shall be rectified and made good immediately to the satisfaction of the management corporation and any competent civil and structural engineer appointed by the management corporation and the proprietor shall bear all cost relating thereto.
9. If the proprietor intends to change the floor finishes to any wet area in his parcel, he shall replace the existing damp proof membrane with a new damp proof membrane, continuing upwards at any wall junction for at least 150 mm high. If the proprietor intends to change the wall tiles in a wet area, the proprietor shall similarly replace the affected part of the damp proof membrane at the junction of the wall and the floor.
10. A proprietor shall ensure that any renovation or repair works to his parcel shall not in any way cause inconvenience or danger to the other proprietors in the building.


Based on this, your management is not unlawful.
Hearing neighbour stomping during work from home is bad enough, imagine hearing hacking/drilling. If your renovation does not involve noise and vibration it is easier to talk to management/neighbour. And you should be allowed to do renovation on Saturday half day...you can schedule to do noisy work on Saturday and others non intrusive works on other days.
*
We did have prior written approval for renovation, but that was from before this NRP stuff started.

Your other bolded part of "shall not in any way cause inconvenience or danger to the other proprietors in the building." seems a bit too broad, because by that virtue does it mean no renovation can ever proceed? Of course renovations are going to cause some loud sounds.
TSKingArthurVI
post Aug 12 2021, 12:51 AM

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From: Penang



QUOTE(mini orchard @ Aug 11 2021, 09:14 PM)
When you are Mr Nice, problems dont get solve. How ?
*
I don't want to have dog poop on my balcony thrown from upstairs randomly in the future, but I'll seriously consider the police report route if I still cannot get to a resolution with management within a week or two.
mini orchard
post Aug 12 2021, 06:25 AM

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QUOTE(KingArthurVI @ Aug 12 2021, 12:51 AM)
I don't want to have dog poop on my balcony thrown from upstairs randomly in the future, but I'll seriously consider the police report route if I still cannot get to a resolution with management within a week or two.
*
Even with approval, there will be one or two unreasonable residents. You have top, side amd bottom neighbours surrounded your unit unlike terrace houses.
ManutdGiggs
post Aug 12 2021, 07:30 AM

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QUOTE(mini orchard @ Aug 12 2021, 06:25 AM)
Even with approval, there will be one or two unreasonable residents. You have top, side amd bottom neighbours surrounded your unit unlike terrace houses.
*
Terrace if under Strata oso hav issue with cutie residents left right front n back for obstruction 🤭

Anw many reno work oso can't go on now. Even if able to proceed I blif many owners oso sked of potential virus carrier within contractors.

SAD
AskarPerang
post Aug 13 2021, 08:57 PM

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QUOTE(KingArthurVI @ Aug 11 2021, 07:56 PM)
Hi all, I live in Penang which is currently under Phase 2 of the NRP. My understanding is that the government SOP allows renovation, in fact, I've heard other condos allowing renovations albeit with certain restrictions, for example:

1. Contractor workers must be fully vaccinated.
2. Max of 4 workers in the unit at any given time only.

I am fully willing to comply with these restrictions as long as the renovation project gets started.

However, my condo management is refusing to let me perform renovation, citing that the residents are fully against it as they have to work/study from home. I do understand this, but I've also been paying the monthly maintenance and sinking funds so I believe I have the right to perform renovation on my unit.

Can Management continue to block my renovation attempts like this? Is this lawful? My lawyer friend suggested I lodge a police report and let the police talk to Management, but I also don't want things to get ugly.
*
For PPN Fasa 2:



But still tertakluk to the rules set by MO. Is unfair to totally disallow renovation. Some places i know they set time from 10am to 1pm for continuous loud noise work such as hacking.
Jaclow
post Aug 13 2021, 09:02 PM

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U try walk around your condo, I blif sure got some other doing reno punya.

Take pic and u can counter your MO.

I did this.

Suddenly I hear hacking and drilling some more on public holiday.

Den now I use this to counter them.
TSKingArthurVI
post Aug 13 2021, 09:58 PM

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QUOTE(AskarPerang @ Aug 13 2021, 08:57 PM)
For PPN Fasa 2:



But still tertakluk to the rules set by MO. Is unfair to totally disallow renovation. Some places i know they set time from 10am to 1pm for continuous loud noise work such as hacking.
*
Thank you. I need to call them again next week to complain. They said will send me a letter of undertaking to vouch my contractors fully vaccinated and a bunch of other rules, I said OK, then till now no send
lynnnn90 P
post Sep 30 2021, 12:42 AM

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QUOTE(KingArthurVI @ Aug 11 2021, 07:56 PM)
Hi all, I live in Penang which is currently under Phase 2 of the NRP. My understanding is that the government SOP allows renovation, in fact, I've heard other condos allowing renovations albeit with certain restrictions, for example:

1. Contractor workers must be fully vaccinated.
2. Max of 4 workers in the unit at any given time only.

I am fully willing to comply with these restrictions as long as the renovation project gets started.

However, my condo management is refusing to let me perform renovation, citing that the residents are fully against it as they have to work/study from home. I do understand this, but I've also been paying the monthly maintenance and sinking funds so I believe I have the right to perform renovation on my unit.

Can Management continue to block my renovation attempts like this? Is this lawful? My lawyer friend suggested I lodge a police report and let the police talk to Management, but I also don't want things to get ugly.
*
Hello. Has this issue been solved?? I am experiencing the same problem too! KPKT actually allowed renovation but Management doesn't allow and keep saying things as though people are not educated. Didn't want to escalate because wanted to move in and live in the same community.
TSKingArthurVI
post Sep 30 2021, 01:32 AM

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QUOTE(lynnnn90 @ Sep 30 2021, 12:42 AM)
Hello. Has this issue been solved?? I am experiencing the same problem too! KPKT actually allowed renovation but Management doesn't allow and keep saying things as though people are not educated. Didn't want to escalate because wanted to move in and live in the same community.
*
The main thing they told me is that the government SOP PDF clearly states "pending strata management approval", so they do have the power to block you. If you have lawyer friend maybe can try sending a letter to see if they would budge, but if not then waiting for Phase 3 is more realistic.

In my case they allow reno to start now but hacking work restricted to a pitiful 11 AM - 1 PM only which is BS. But I'm putting up with it for now since I think the country's moving towards full reopening soon.

 

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