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Collecting maintenance fees before VP, Q&A
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DragonReine
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 Jun 29 2024, 08:36 AM
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Yes, considered VP.
Under your SPA per Housing Development Act, owner is deemed automatically taken VP 30 days after notice was sent by developer regardless of whether the process of VP was completed (keys taken etc.). Under the Manner of Delivery clause, it will be item (3). You received the email is considered a form of notice dy.
HDA also says purchaser is responsible to pay several months maintenance fees in advance from vacant possession. It's in SPA also, in the same clause as Payment of Charges etc.
This post has been edited by DragonReine: Jun 29 2024, 08:37 AM
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DragonReine
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Jun 29 2024, 10:26 AM
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QUOTE(tonyhawks20 @ Jun 29 2024, 10:00 AM) Hmm, so if developer purposely or unintentionally delays the billing to the bank to delay the collection of our keys, we can't do anything about it? My billing was sent out to the bank almost 2 months after the VP letter was issued. By right it should be sent out on the same day. The wording in HDA (which your SPA is based on) is quite specific: QUOTE Upon the expiry of X days from the date of a notice from the Vendor requesting the Purchaser to take possession of the said Parcel, whether or not the Purchaser has actually entered into possession or occupation of the said Parcel, the Purchaser shall be deemed to have taken delivery of vacant possession. So as long as notice is given, even through the process of actually taking keys is not complete, you're deemed to have taken delivery of VP upon the expiry of that notice. |
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DragonReine
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Jun 29 2024, 02:09 PM
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QUOTE(tonyhawks20 @ Jun 29 2024, 01:33 PM) Does it matter when the purchaser receives the notice? Or does the developer have a responsibility to ensure the notice is received on time? Cause even though my VP notice is dated 30 April, I’ve only received the softcopy notice from developer on 28 May. Because there was an issue with the courier, I had to go down to the developer’s office collect the hardcopy on 26 June. Yes and also yes. But because this is SPA/HDA related, direct talking to developer might not be enough to settle matters. Get a lawyer (preferably your SPA lawyer) legal advice, and probably they will draft a nice letter requesting to adjust the maintenance fees advance payment, since you say that the developer side admitted that they failed to send the letter on time, and I assume you had proof that hardcopy was only collected late. Developer more likely to listen if you do something through proper channel, especially if you have proof of their mishaps. This post has been edited by DragonReine: Jun 29 2024, 02:10 PM |
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DragonReine
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Jul 3 2024, 12:29 PM
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QUOTE(tonyhawks20 @ Jul 2 2024, 05:24 PM) Follow up question: Is there any property law that states a time limit of when developer must hand over the keys after VP? From what I've found online, seems like developers can issue a VP notice and delay the handover of keys indefinitely, and it'll still be considered already under a purchaser's possession. Correct me if I'm wrong! My 24-month defect liability period has started since 30 May but I still don't have access to my unit to do any defect checks. And seems I'm not the only one, lots of other buyers facing the same delay. Not sure if this is the norm for most developers for Malaysian condos. The wording of SPA unfortunately usually does not specify "keys" within the needs for delivery of vacant possession, so as long as developer gave you a letter of notice that the parcel is ready for VP, it'll start count from there. Unless developer can somehow cough up a reasonable explanation for key delays, however, you can seek legal advice on action to proceed how to get keys and access to your parcel. |
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