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Letters from Buyers

  • First and foremost, my sympathies for the many applicants whose awards by the Housing Tribunal was overturned by the High Court. I do not wish to go into the merits or demerits of neither the decision nor of the Act itself. However, I will suggest the following to the disappointed applicants.

    Please file your case in the High Court as joint applicants (combined) using the Housing Tribunal findings as one of the persuasive argument or evidence. As the developers only have argued that the Tribunal surpassed its power in awarding and not that they were actually not guilty of any breach of the contract, perhaps this may work and save some time and cost, pending the government's appeal and any other action by the Minster concerned.

    Apart from that one could try and re file these cases at the Consumer Tribunal? As I understand it, the Consumer Tribunal cannot hear any case that is subject to the jurisdiction of other bodies. Here it has been ruled that the Housing Tribunal has no jurisdiction on cases before 1st January 2003. Therefore logically it follows that one can then use the Consumer Tribunal instead. After all one is only going to loose RM5 filing fee. My above two suggestions may run into some administrative and procedural roadblocks but one must keep one trying. In closing, I wish to congratulate and thank the House Buyers Association and the Pro Bono lawyers who acted on behalf of the injured house buyers above for their selfless efforts. Keep up the good work.

    From: A sympathetic observer, Petaling Jaya
    Date: 17/09/2003


Dear Sir/Mdm,

Thank you, we really appreciate your prompt and helpful reply! We will now lodge a complaint at the Ministry of Housing and Local Government, while maintaining negotiations with the developer. We also plan to write to the newspapers to highlight this, so that in future, other house buyers will be aware of such behaviour by developers...Thank you once again, A.R

 

By Email: Friday, July 12, 2002 11:33 AM


I think you should increase the awareness of this body, so that at least 60% or 70% of the house buyers register with you. To strengthened this association is one of the way to settle lots of house buyers problems.

By Email: Sunday, July 07, 2002 8:43 AM


I came to know about HBA from the Public Service and Complaint Dept, Wisma MCA, Kuala Lumpur. (I went to see them on 20th Feb 2002 and they suggested that I approach you instead). It is great that there's an organization that we can seek some help now. I have a case here and would appreciate if you could advise what is the next action that I should take to get this developer refund the money I have paid as I already moved to Canada.

By Email: Tuesday, April 23, 2002 6:00 AM


Subject: Informative to house buyer

 

Good job. The association does gives us as purchaser certain information that is not made available to laymen as us. I suggest the association could add more information on house buyers and the developer right between the time of CF and strata title for condos and apartments. I am the president of Kenaria Condominium Pro Tem Committee in Kajang. How do we go about to be a member of HBA?.

 

From: SS

Sent: Friday, March 29, 2002


Subject: Re: HOUSE BUYER PROBLEMS

Dear Sir,

Thank you very much for replying my mail. I am very pleased and meaningful to receive this mail. My impression told me that as a voluntary organisation, you sure have a lot of enquiries and problems need to attend and will take times to answer my mail. It is really impress me when I receive fast response from you. Great job. Well done.

From: Sally Lee
Sent: Sunday, March 24, 2002 10:41 PM


Broadly speaking property development involved the following parties,
1 Government & Local Authorities
2 Bankers/ Financial Institution
3 Developer
4 Contractor/sub-contractors/suppliers
5 House buyers.
The present laws or system still very much favour the the bankers and developer . Even if the house buyers have made 100% payment, the property still does not belong to the house buyers until the Developer's Banker say so. The contractor/subcontractor/supplier may not get their full payment from the developer even though the property is 100% completed and the buyers have taken possession. Even if the project is 100% sold.
Many problems actual arising from the financial agreement between the Developers and their bankers. It is not an uncommon practice for the banker to take away the umbrella when it rains. The Bankers even have over-riding right over the HDA Account. May be some one should carry out study on these financial agreement. Though it is a non-disclosurable thing under MIFIA rule.
If ENRON can collapse because of accounting scandal, what is so secure about HDA account & Financial Agreement .

 

From: CK

Sent: Wednesday, February 13, 2002 5:00 PM


We thank you for your kind supports and advices to our persistence to our  rights as owners of the Condo during the year.

The Committee is get more support from the owners and as such we are progressing. However, we foresee  delays from the developer in the Transfer of the Strata Title. We hope we can break through in the coming year with your further kind assistance. Hope you and your colleagues will have a healthy and more enjoyable new year of HORSE!!!

 

From: "wingka"  

Date: Monday, February 11, 2002


Subject: MAINTENANCE FEE FOR RESIDENTIAL APARTMENTS

 

Dear Sir / Madam,

I came across your article in The Star recently. You provided a lot of tips for house owners like us who are not well versed on our right.

Recently, my house keys was handed to me for my new low medium cost apartment which has an area of about 670 sq. ft. which I bought it for RM 66 000.00.I have just received a bill of RM 180.00 for 3 months maintenance fee.

Is the amount of maintenance fee that I need to pay fairly charged to me as the apartments do not have facilities like security or swimming pool? Apartments developed by the same developer next to our lot which is 700 sq. ft. per unit and with facilities like swimming pool and security are also charged the same rate as us.

May I be enlightened on these maintenance fees formula set by the authority to convince myself on the justification of the rate I have to pay.

From: CK

Date: Sunday, February 03, 2002 12:51 AM


hi, i've read from the newspaper regarding the formation of your association and what u have done since then. although you have just established the previous year, but it seems that you have done quite a number of things to help the worried house buyers. well done!

 

From: Samantha

Sent: Sunday, January 27, 2002 11:38 AM


Subject: Power to Change

I read your article titled above in the NST 26/1/2002 with great enthusiasm and delight that finally the house buyers will have greater consumer laws on their side when the Housing Development (Control & Licensing) Act is gazetted next  month. I can certainly identify with most of the points raised in the article regarding the handing over of vacant possession (keys to the property) by the  property developer without proper Certificate of Fitness for Occupation (CFO)  being issued.

 

From: tanks

Sent: Saturday, January 26, 2002 11:09 AM


Dear Sir/Ms,

I saw your association article in NST recently, I am very pleased to read through HBA volunteers profound work to help the house buyers in Malaysia. I would be grateful if you could put my name in the mailing list. I need all the update news as I am interested to know more in this area.

 

From: RH

Sent: Wednesday, January 23, 2002 9:48 AM


Dear House Buyer Association, Firstly, I must say that it is great to have HBA set up to look into the  rights and interests of the house buyers. Congratulation and hope that HBA will move forward as years go on.

 

From: AW

Sent: Wednesday, January 23, 2002 1:02 PM


Subject: Topics to Highlight in championing buyers rights

 

I admire your attempt in championing buyers' rights and highlight the following:
Buyers must write immediately to stakeholder lawyers that they are not to release the 5 % until the developer produces a signed document by the purchaser stating that the developer has carried out his responsibilities during the defects liability period and that the funds can be released. This will ensure developer carries out his obligation during the defects liability period and also that the stakeholder does not release funds without the purchaser's consent ( after all the stakeholder is supposed to be neutral )


A lot of interest is accumulated in purchasers account especially before the first bank payment. Despite all the undertaking letters given by all parties, the banks or their lawyers insist on receiving proper documentation. If an undertaking letter is useless, lawyers should not waste purchasers' money in legal fees for documents that are not valid. Alternatively, banks to be liable for interest charged should all undertaking letters are in place.


Bank's undertaking to the developer to pay on production of an architects certificate should be amended to include the clause that payment will be made subject to developer having met all conditions in the Sales and Purchase agreement. For the last payment, if the developer has delayed in the completion of the house, the bank will therefore have the right to hold payment until the developer complies with the S&P agreement to pay the purchaser immediately on handing over vacant possession the penalty for late delivery. Now banks are afraid to withhold because of the undertaking letter.


It is difficult to understand why architects are *...multi-storey buildings are painted with external paint that does not even last one year; bathrooms are provide with long baths and no provision for hot water piping. One cannot blame the developer as he will state that he has employed the architect. Architect must be made fully responsible for not thinking sensibly. Definitely, more responsible architects will benefit the purchasers.
Thank you and wishing you the best.

 

From: jain

Date: Monday, January 21, 2002 7:53 PM


Hello, I came to know about HBA through Saturday's 19th Jan Property Times. It is great that there's an organization that we can seek some help. I have a case here and would appreciate if you could advise what is the next cause of action that I should take to get this developer refund the money I have paid.

 

From: RP

Sent: Sunday, January 20, 2002 3:24 AM


To Whom It May Concern, We are delighted to know that House Buyer Association is able to give advice on problems faced by the house buyers when developers do not comply to their original plan.  We are one of the unfortunate buyers who are caught and we would appreciate if you could provide us with your professional advice.

 

From: swooi

Sent: Friday, January 18, 2002 1:41 PM


HBA has provided a bridge and reach out to the would-be homeowners and homeowners much needed resources for their plight or preventions, plus information that lighten up homeowners. It's hats up!

Lorrenx - 24 Nov 2001


It is great that all of you can manage to pull everyone together to achieve these common objectives. Our RA has a lot to learn from you. Question: Can we (RA) invite your representatives to give us a talk & provide us with useful tips? From what I have heard about hba, you all have done a great job!

Kindly revert. Thanks, Francis Tan - 17 Nov 2001


Thank you very much for attending the meeting in Tiara Duta today. Because of the support from you all, the TDRA members are in the JMC. SALUTE TO YOU! Some owners are very impressed by HBA. I'll chase them to join HBA.

Thank you again. Best regards.

 

From: Rachel Goh

Date: November 10, 2001


Thank you all very much for attending the JMC meeting tomorrow. This is a great news for us! Will talk to you tomorrow, God! I'm so excited!

Rachel Goh from Tiara Duta -  09 Nov 2001


I must congratulate all of you for putting in your time and effort to run HBA so successfully in such a short time and at your own free time! Your web site is indeed enriching comprising lots of infor esp on the problems faced by house buyers.

Thank You and best regards
Eric Gan - 8 Nov 2001


Thanks for the information. I've e-mailed En Saiful and will follow up with him. I think what the HBA is doing is great. Good luck and keep up the good work.

Regards, Shamala - 31 Oct 2001


Congratulations to HBA on this website.

 House buyers can now have a stronger voice.

from,
SM,
Pantai Panorama Owners and Residents Association.-  06 Oct 2001 


Thank you for replying my mail and i am very happy to received this mail and this mean that there are so many new people in HOUSE BUYER ASSOCIATION. Congratulation one again and Good Luck. How impress am i and how good if i can be one of the people in the HOUSE BUYER ASSOCIATION FAMILY BUT anyway i WISH ALL OF YOU HAPPY HELPING AND HOPE TO hear any upgrade from you guys. Special thank to you Suzie Low and good luck.

Wish and Cheer from Elvin Yeo Tokyo Japan. - 28/09/2001.


First and foremost I wish to congratulate your Association for launching your website and getting all housebuyers together to ensure a more level playing field between developers and housebuyers. I hope more housebuyers will join your association to make it a more potent force.

I would like to bring up several issues for your Association to consider for the benefit of all housebuyers.

1. Strata Title - I fail to understand why developers do not apply for
strata title as provided under the Strata title Act which states that
application for strata title must be made within six months after obtaining the Certificate of Fitness.

2. Why did the government department (Land Office) not taken action against developers who failed to apply for Strata Title within the specified period although there are specific provisions in the Strata Title Act for doing so.

3. It seems that developers can openly break the law putting thousands of housebuyers in hardship, whilst individual minor offences like littering, breaking of traffic rules are bring actively pursued by the government.

4. The proposed amendments to the Strata Title Act provide heavier fines to the developers for failing to act according to the provisions of Act. What is the use of enhancing the Strata Title Act and changing it to some other fancy name when even under the present act, the government seem reluctant to act according to its provisions.

5. Sinking Fund - Most developers keep the housebuyers in the dark as to the whereabouts and accountability of the Sinking Fund. In some cases, on handing over the management to the housebuyers, not only the sinking fund is gone but also lots of outstanding bills are handed over to housebuyers. Developers should be made to keep the Sinking Fund in Fixed Deposits in Banks and post a copy of the Fixed Deposit Certificate on the notice board monthly. Developers should follow the example of the developer Eternal Holding Sdn Bhd who is opening a joint account with housebuyers for the
Sinking Fund.

6. Maintenance Fees - At the present moment where landed property is a luxury meant only for the rich, most of the housing within the reach of the middle and lower income are apartments. There are some housebuyers who refuse to pay maintenance fees because the property is badly maintained, some just flatly refuse to pay and some because developers are not paying for their own units. With more and more apartments being built, collection of maintenance fees will become a major problem, because they are needed for the daily maintenance of common property like lifts, cleaning, common lighting, generator sets, water pumps, etc. The government should take proactive steps to ensure that maintenance fees are being paid compulsory like enacting a law for the collection to be undertaken by Tenaga National Bhd. These fees can then be incorporated into the electricity bill and non-payment will result in the cutting-off of electricity. This course of action, I understand have been implemented in Singapore. Any delay in having this foresight will turn all apartments into slums because of the lack of maintenance in the not too distant further.

7. Common Property - There are some developers who try to sell common property, for example car and motor-cycle parks although they are listed as common property under the sale and purchase agreement. For your comments please.

8. I hope that HBA can use its influence to pressure the government to look into the woes of all housebuyers and take appropriate action against any errant developer.

Thank you very much and wishing the association every success.

LP, Penang

Mon, 23 Apr 2001 12:31:54 +0000


 

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