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 Sorry Some Stupid Questions, SnP Clauses

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TSLightningRevenant
post Nov 27 2008, 09:34 PM, updated 18y ago

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Hi all,

Just got my SnP stamped today, it's a 660 sqft medium cost house which is my 2nd house, and plan to stay there just with my girl friend, and i am still reading the entire content as i speak, and i'm sorry i don't have much experience for this is a new house, my first house was a subsale, so few questions to ask:

1) It is mentioned that:

"No pets, livestock or any other animals whatsoever may be kept in the said Parcel or any part of the said Building. Vendor reserves the right to remove and dispose as it sees fit any such pets, livestocks or animals found within the said Parcel or the said Building and any expenses incurred will be charged to and paid by the Purchase."

Question: I love fishes, be it marine or freshwater fishes, these are not cats or dogs or panda bears and I'm not planning to rear tiger sharks or baby whales in my house, so do i technically own the right to define my fishes are not PET, LIVESTOCK or ANY OTHER ANIMALS ???

2) It is mentioned that:

"For the purpose of maintaining the aesthetic integrity of the said Building, the Purchase shall not without the prior written approval of the Vendor, and where applicable, the Appropriate Authority do, permit or suffer any of the following to be done: damage or deface the exterior walls doors or windows of the said Parcel or effect any change to the facade of the said Parcel, the said Building and/or the Common Property or any part thereof;..."

Question: The unit I bought is at Ground Floor (not 1st floor, really ground), and I need some privacy, I don't understand why should I not have the right to remove the existing windows and replace all of them with Double Glazing Windows?? The provided window is the normal ram type windows. OK, I know we need Vendor's consent, but will they approve it or what?

3) It is mentioned somewhere on the Renovations and Alterations sections:

"Where the proposed Works have been approved in writing by the Vendor and, where applicable, the Appropriate Authority, the Purchaser shall nevertheless not commence the Works until he has: (i) submitted to the Vendor for a work schedule; and (ii) paid to the Vendor a deposit in such sum as may be stipulated by the Vendor in its absolute discretion as security for the strict compliance and performance of the provisions of such guidelines and rules and regulations as may be stipulated by the Vendor at its absolute discretion from time to time and any loss, damage, injury or caused by the Works..."

Question: This should be fair but what is the standard market rate for this deposit? Ranging from how much to how much?

Thank you guys!!

This post has been edited by LightningRevenant: Nov 27 2008, 09:41 PM
jchong
post Nov 27 2008, 10:17 PM

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Hi, yours is a landed property or apartment?
TSLightningRevenant
post Nov 27 2008, 10:20 PM

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hi Sir, it's an medium cost apartment....
DannyOP
post Nov 28 2008, 12:49 AM

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QUOTE(LightningRevenant @ Nov 27 2008, 10:20 PM)
hi Sir, it's an medium cost apartment....
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1) Do you want the legal answer or the practical answer? If u follow the strict terms on the s&p then fish is also considered a pet, unless u are eating it la. Pet = animal kept for companionship or amusement. Animal = any other living thing other than human.

In reality the clause is created to allow your neightbours to have quiet enjoyment of their property because in most cases pets like cats and dogs can be a nuisance with all the noise. Fishes on the other hand, do not have any effect so nobody will complain, if nobody complains then you're fine.


2) There's nothing wrong legally by replacing the windows, since you are not 'damanging or defacing'. To me you are simply 'replacing'.

3) There is no set value & is descretionary. Sometimes if u're doing something simple they won't even bother with the deposit.

Staying in an apartment there is one important tip, try to make friends with the management and security. Once you are in their good shoes, things are more likely to go your way.



??!!
post Nov 28 2008, 12:11 PM

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What you are quoting is not part of the SPA but terms in the Deed of Mutual Covenant, signed by all owners.

2) For a strata-titled property which your apartment will fall under; the external walls and wall coverings, including windows are part of common properties and thus, cannot be subject to individual changes/amendments. This is of course the legal stand. However, the difficult part is the implementation of these rules, how effective and effecient is the management corporation in wanting to implement the rules.

While you have a valid personal reason to want to change the glazing ,,, u have a situation where the buillding will have a assortment of multi coloured and multi designs of windows and sliding doors (if any) Imagine how this will affect the aesthetic of the building and this in turn will determine the value/ appreciation or otherwise of the property.

3)Renovation deposits are surety to ensure contractors of owners do not damage any common property or flout rules while working in the apartment. Eg if your contractor leaves construction debris on the ground and cabut after completion of his works, the management has to engage private contractors to remove these debris to designated dump sites at a cost which will have to come from the common fund. It is not fair for other owners to pay for the removal of debris which your contractor fail to remove.
aaronpang
post Nov 28 2008, 03:42 PM

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This is definitely not part of any S&P. It's your deed of mutual covenants and it governs your rights and limitations with regards to living in the community.

Either you agree with it or you move out…

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If you managed to get written permission from the building management to replace your window then you can.

If management rejects your application then you're stuck with buying curtains  shakehead.gif

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Deposit could range from RM200 to RM500 from my personal experience.

It's only a deposit just pay them and collect back once you're done renovating.

Make sure your contractor don't leave a mess or damage common property or your neighbour's unit.

This post has been edited by aaronpang: Nov 28 2008, 03:42 PM
DannyOP
post Nov 28 2008, 04:26 PM

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QUOTE(??!! @ Nov 28 2008, 12:11 PM)
What you are quoting is not part of the SPA but terms in the Deed of Mutual Covenant, signed by all owners.

2) For a strata-titled property which your apartment will fall under; the external walls and wall coverings, including windows are part of common properties and thus, cannot be subject to individual changes/amendments. This is of course the legal stand. However, the difficult part is the implementation of these rules, how effective and effecient is the management corporation in wanting to implement the rules.

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To me it depends on how far off your double glazed window is compared to the original. If you can't tell the difference then externally it is the same and you are merely replacing the window with a new one, same as replacing a broken window. Anyway no harm double checking with the management.

This post has been edited by DannyOP: Nov 28 2008, 04:28 PM
TSLightningRevenant
post Nov 28 2008, 07:09 PM

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Thank you all guys, really great input!!

QUOTE(DannyOP @ Nov 28 2008, 04:26 PM)
To me it depends on how far off your double glazed window is compared to the original. If you can't tell the difference then externally it is the same and you are merely replacing the window with a new one, same as replacing a broken window. Anyway no harm double checking with the management.
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Danny,

i think if i change to double glazing, it will surely change the aesthetic view of the building.... because the original provided is the ram type windows, i.e. those with many many pieces of glass in few straight columns, it opens by using a lever up and down, for double glazing, they're all huge one piece flat type of glass, which can open in and out. Dunno whether i can get approval or not.... sigh.... die lar if like that, this is very inconvenient to have some private moments? sad....

This post has been edited by LightningRevenant: Nov 28 2008, 07:19 PM

 

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