ya. this is what i think also. i let a third party company to manage so it will not have the issue that the commitee that is doing funny thing for the funds.

so far did not receive any notice for AGM yet.

but anyway, i am selling my house so i won't bother about it. haha.

if the old owner name is not removed but the property is sold le?

i did not see any clauses in the DMC about what owner must do if he is to sell the property.

This post has been edited by westlife: Oct 9 2023, 09:16 AM

For your case, if property was sold via auction? Seller don't know dmc and not inform to sign? Or maybe the auction buyer know, but don't want to sign as they know the Liability still bond with old owner? So that they can do whatever they like?

Maybe they have applied approval from Management office (MC) just that you don't know abt it. I believe your community is well managed since you mention the security is very tight and your neighbour renovate the house in moderate way and follow color code.

All property related charges are tag to the property. Whoever is the last named owner or living there will be responsible.

This post has been edited by mini orchard: Oct 9 2023, 09:20 AM

yes, my community is relatively well maintenance with tight security. the houses here still look consistent depsite some owners chose to extend using the 10 feet land. and most of them extend all the way to the end of the 10 feet land and link to the wall of neighbours. i do not agree that owners should extend all the way to the end though, becos it will block the air flow between the houses. my house has not much wind, i guess mostly becos the houses opposite me extended the houses that block the wind.

This post has been edited by westlife: Oct 9 2023, 09:19 AM

icic. then it makes sense.

becos i believe if the buyer needs to sign DMC with the management, also need to engage lawyer rite and pay stamp duty etc.? unless the lawyer can do for 'free' together with SPA?

Up to the new buyer whether want to go contend in court or sign DMC and continue to pay fee to get access ID for his new house, if he want to go to court then the lawyer sure will inform him "Don't know" is not acceptable in court, and can't say I buy from aution and no one inform me bla bla bla, buy auction without using proper agent mean you already assume and undertake to accept this for any circumstances that are applied to new owner, so pls read T&C carefully. The buyer must sign DMC and pay fee to get the user ID for App and access RFID.
So play naive is not practical and at the expense of the new buyer only. So those who buy from auction must learn this kind of risk also

Like jadehill every year their legal team got case to handle also. Most of the owner end up will follow the rules. So far only one case go into chain of letter demand, and end up the rich owner still bend to it

The main purpose for any residents association is the security. If it is done well by a third party, I don't think there is much to be done unless the committee wants to find fault with residents.

So whatever disputes between neighbours can be directed to the local council.

This post has been edited by mini orchard: Oct 9 2023, 09:28 AM

ic, for u guys case whose property is also gated and guarded, how many % of your community is currently paying the maintenance fee regularly. seems like no matter what community there will always be ppl who refuse to pay for it even they have signe DMC etc. before.

When the property is under strata, the non payment is not an issue. Is only when they can collect. Interest is chargeable for late payment.

When is under individual title, the non payment can be tricky. It depends on how the contract is worded.

Didn't really check on the %, my house even is under strata title but still got owner don't pay, lol. Last year got publish their name on notice board then some of them only go to pay. Reason is either they didn't receive the bill or they don't stay at here so forgot to pay. But did check with office, if the amount owe until very substantial amount, and the owner still ignore after few times of letter demand sent, then they can foreclose the house to cover the expenses. But so far no such thing happened yet.

Those who buy individual without DMC, mean normal guarded neighbourhood like my old house, nothing can do to non compliant owner, they can still access by using visitor lane. They have the perogative as individual title owner. As the forming of RA is based on their consent only, they are not binded by any contract.

Foreclosure is a serious action. Can the management do that ?

Oh I see, normally auction buyer only signed Pos and LA, MOT letter. Since it not direct buy from developer so I though the DMC is not necessary to sign. Yeah didn't sign DMC doesn't mean people don't want to pay maintenance fee, so if the maintenance fee is the only concern then not worry people will still pay.

I mean if DMC stated 5year cannot renovation exterior, but the new owner (auction) want to renovation exterior due to 5year abandon the house is at poor condition. So without dmc restricted for new owner, and the dmc bond with old owner, so new owner doing the renovation should be not any obstacles?

Since if its individual title property with dmc.

Can, that is in the worst and extreme scenario, when the owner purposely to be ignorance, and by that time he or she should have been blacklisted in all kind of watchlist as well.

It stated in my DMC also, If I and my wife as owner failed to comply and in non action and refuse to co operate, then we agreed for MC to initiate the clause.

Even Majlis tempatan can't do that for non payment of yearly assessment.

To my understanding, don't think there is DMC stand for 5 years only as it defeat its purpose.

Secondly, even though previous owner abandoned the house, and new buyer bought it over, it go back to same page. To enter the prescient, you need to get approval from MC. So MC will detect you are new owner, then will ask you to sign DMC and complete registration for new ID. Without completing the first stage, non of your contractor can get working permit to enter the prescient. Every single person must either own the RFID sticker on vehicle, or show QR for scanning at guard post.

Not sure about Majlis tempatan, but for pejabat tanah, your premise will be forfeited if don't pay after receive the red warning letter on 10th years.

And I think local council also got way to force the an owner to pay also. Basically don't think anyone dare to "play" with local council, this part I am interested to know also if one continuously ignoring the notice and summon from local council, what will happen? lol

Anyway, I am referring to my DMC sign with developer. Buyer already accept it during initial stage. So when want to buy this kind property, then need to pay lo

This post has been edited by Jingle91: Oct 9 2023, 11:28 AM

Non payment is one thing.

Whether DMC have the right to foreclose the property is another. Does it specifically stated it in the DMC like bank loan agreement ?

We cannot assumed things when contract doesn't state.

You may refer to my earlier reply on my DMC.