QUOTE(tsohtan @ Mar 14 2009, 10:21 PM)
Hi All,
As i have tried to find answers from these 3 parties..
House loan lawyer= Can forget about them, useless, called 3 times and said need to study the S&P, and the end up tell me will call me back but still need me to call, and nothing reply.
S&P lawyer = Useless also, as mentioned have to wait, wait until Mar. ask about VP try to answer me with a general knowledge.
HBA = Mr Chang, Is very helpful person. and answer all kind of my stupidity question, is REALLY a good guy, and in return i have donate 10 rim of A4 papers. So if anyone want to ask for advice please at least give some donation as they do for charity.
This is the problem i have listed in last post and have ask Mr. Chang.
Meet on 14 Mar 20091. Toilet Low ceiling-
Hi Shafary, may i know any update from Mr. Tan on how the thing go on? as Mr. Chang said, if the submited floor plan's, to the MPS, as what we have see now, then we have to accept it. And he mentioned if we wanto get a copy from MPS will cost about 50 Dolllar (not sure he mention RM/USD).
2. Maintenance Fees - I not sure all of you have the same S&P with me or not, and i been told by Mr. Chang,
I have pay more than
I should pay. Anyone with S&P, please refer to the section
19. Payment of service charges, That stated, From the date we get the VP, we should pay
1 Months deposit, and 3 month's advance (ONLY) in respect o fthe services charges...
But now we're ASK to Pay 12 MONTHS!!!.
3. Renovation - Try to voice out to developer, if canot then go complain to Ministry Of Housing.
4. VP - As at Now, I not sure, all previous forumers have mention that developer have not submit Borang E. How true is this statement?. So If true, then the VP is NOT valid. And for a VALID VP, it should fulfill this condition as stated in the S&P,
under section 27, Manner of delivery of vacant possession. a) Certificate by the Vendor's artchitect the parcel is completed on time
b) water and electricity supply is ready
c) Dev. had apply for CF ( Mean submit Borang E)
d) there some other point forgot what he said.. or may be only this 3 points.
So as at now, a) fulfill, b) for mine is not but they claim is ready just not plug in the fius or meter to water paip, c) this need to check it out. So at conclusion, i will check with them on Monday (me onleave), and will go to there office to ask for "approved" Borang E, if they cannot give me then i will straight away go to MPS and ask for it.
So if really prove the VP is NOT valid, then Mr. Chang ask ALL OF US,try to get more people to complain, if possible, (Phase 1 Owner) go and fill up for and lodge the complain to
MINISTRY OF HOUSING AND LOCAL GOVERMENT
LEVEL 3, BLOCK B North, Pusat Bandar Damansara, P.O.BOX 12579. Tel:03-20936714.
For those Who have the VP letter and think If NOT SIGN VP, can claim the LAD, which is NOT true which told by Mr. Chang, whether you sign or not, after 14 days from VP date, they considered you "sign". So now is only depend on the VP is valid or not.
5. Dustbin, Slope Car Porch, Car Porch Partition - It seem like not adequate to ask him, and im not asking about it, and this probably need to argue with developer.
6. About Committe, as told by Mr. Chang, we can temporary form a committe which not need to register. to fight for CF. So considered legal.
So As advice from Mr. Chang, Since there are some many issue and problem, now we just care more on the CF first.
SO THIS IS MOST IMPORTANT ---> CFLastly, May be what i did is sound like repeat work for u all. So may be i need to Sync with
Shafary. So
Shafary, have you ask from MPS and developer for Borang E?,...... and now Susahkyty and called Encik Affendi. So is the Lembaga Perumahan Dan Hartanah Selangor is same with Ministry Of Housing and Local goverment??? Because the address is difference places.
Hope all this answer, can at least let you know what is the situtation and not mislead you. And lastly sorry for my poor english explaination.....:

Hi,
Have gone through your post.... basically our house loan and S&P lawyers are good for nothing.... they only side WIRAMA - so we forget about them ok.
Mr. Chang HBA - basically has explained the same thing to us also... the committee that we had setup right now is known as PROTEM COMMITTEE OF AMANSIARA - please find attached the first complain letter send to the developer by the committee.
Yes, our main aim is to get the CF and be able to Claim LAD.
PHASE 1 OWNERS what we can do is to put up a complaint with the KEMENTERIAN PERUMAHAN & KERAJAAN TEMPATAN maybe they might work on it faster if they see so many houseowners complaining... well they also got quota to settle the enquiries that come in...
We will be going to the tribunal to go and make a complaint as well. below more details from web:
Tribunal Pembeli Rumah
1. Objective
The Tribunal for Homebuyer Claims provides an easier, cheaper and faster means of dispute resolution for homebuyers claiming compensation/damages from housing developers.
2. Jurisdiction
The Tribunal may hear claims from buyers on condition that:
a) A claim is filed no later than 12 months from the date of
i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or
ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement.
b) The Sales and Purchase Agreement involves housing accommodation built in a residential area.
c) Each claim does not exceed RM25,000 per cause of action unless
i) the claimant agrees to forgo the balance of the claim; or
ii) the acquiescence of the developer is obtained in writing for the matter to be heard at the Tribunal.
d) Sales and Purchase Agreements signed before 1 December 2002 can also be considered provided:
i) the claims fulfil the criteria stated above;
ii) they are not housing projects by a co-operative body or governmental agency.
3. Filing and Registration Procedure
The claimant may lodge his claim with the Tribunal in Form 1 (4 copies), enclosing his statement of claim and a fee of RM10. If there are two (2) names in the Sales and Purchase Agreement, both parties must put down their names, IC numbers and signatures in the claim form (Form 1). Both parties must attend the hearing, or if they are unable to attend, issue a letter authorising a representative to act on their behalf.
Once Form 1 has been filed, the claimant must personally serve a copy on the developer either by hand (receipt must be acknowledged) or by AR registered mail.
The developer may file his defence or counter-claim in Form 2 (4 copies) with a fee of RM10 within 14 days of the date of receiving a copy of Form 1.
The claimant may file his defence to the counter-claim in Form 3 with a fee of RM10.
4. Hearing Procedures
The Tribunal will issue a notice in Form 4 stating the date, venue and time of the hearing on both the claimant and the developer, in not less than 14 days before the date of the hearing.
No party shall be represented by an advocate and solicitor during a hearing before the Tribunal.
Both parties have the right to adduce evidence, call any witness, or tender any documents, records or things necessary in support of their respective claims.
At the hearing, the Tribunal shall, where appropriate, assist the parties to effect a settlement of the claim by consent (negotiation stage).
Upon completion of the hearing, the Tribunal will make an award.
The award must be complied with within the stipulated period set by the Tribunal’s President.
Any person who fails to comply with an award made by the Tribunal commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit (RM5,000) or to imprisonment not exceeding two (2) years or both. In the case of a continuing offence, the offender shall be liable to a fine not exceeding one thousand ringgit (RM1,000) for each day until the award is abided by.
Overall Claims Procedure Flow Chart
5. List of Application Forms
Form 1 (Regulation 6) – Statement of Claim in the Tribunal for Homebuyer Claims
Form 2 (Regulation 10) – Statement of Defence and Counter-Claim in the Tribunal for Homebuyer Claims
Form 3 (Regulation 14) – Defence against Counter-Claim in the Tribunal for Homebuyer Claims
6. Further Information
--------------------------------------------------------------------------------
Secretary,
Tribunal For Home Buyers Claims
Ministry Of Housing & Local Goverment,
Level 2, Block B South,
Pusat Bandar Damansara,
50782 Kuala Lumpur.
Tel:
(Hotline)
Fax : 03-20934776
E-mail : tribunal@kpkt.gov.my
CHECK OUT THIS WEBSITE: http://nccc.org.my/index.php?option=com_co...id=54&Itemid=44