Archive for the 'Desaminium Jaya' Category

Akhirnya setelah hampir 9 bulan menunggu, kini pihak kementerian telah berjaya mendapatkan audited maintenance account bagi tahun berakhir 30 April 2006 dari pihak Desaminium Jaya Sdn Bhd. Usaha ini telah kami lakukan bermula dari bulan Nov 2006, dimana pihak Pre-MC telah memohon dari pihak Desaminium Jaya agar memberikan a/c ini. Namun pihak pemaju sentiasa memberi alasan dan melambatkan pengeluaran audited a/c ini. Sehingga pada bulan April pihak Pre-MC telah membuat laporan kepada Bahagian Pengawasan dan Penguatkuasaan kementerian Perumahan da Kerajaan Tempatan. Dan pada 16 Ogos yang lalu pihak kami telah menerima salinan laporan a/c ini dari pihak Kementerian.

Pre-MC akan mengadakan perjumpaan dengan penduduk dalam jangka masa yang terdekat bagi memberi salinan penuh Audited maintenance a/c ini. Penyata kewangan ini penting bagi memastikan pihak Desaminium Jaya melalui ajennya YBR Management Services menguruskan sumber kewangan Desaminium Rimba dengan berhemat. Saya juga ingin menasihatkan agar semua penduduk dapat membuat bayaran Maintenance charges bagi mengelakkan tunggakan yang tinggi dan akhirnya menimbulkan kesukaran sekiranya anda diminta berbuat demikian dimasa akan datang. Kita mengharapkan agar JMB (Joint Management Body) dapat ditubuhkan secepat mungkin bagi memastikan integriti dalam pengurusan kediaman kita. Diharap penduduk Flora juga boleh meminta Audited A/C bagi tahun 2006 dari pihak pemaju.

We were informed that Desaminium Jaya is renting out some 50 units of Flora apartments to foreign students.

The residents at the Flora apartment are concerned that this move may not be in the best interest of the entire residents. There is also a possibility that Desaminium Jaya may do the same with Rimba apartments considering that there are also a lot of unsold units.

Flora residents are now collecting signatures to launch a protest to the Desaminium Jaya against the move that may be creating a lot of inconvenience to the residents.

The following update was issued by a representative of Flora residents:

Pada 24hb june lepas iaitu pada hari ahad, saya dan ahli jawatankuasa penduduk lain berjaya mengumpulkan kira-kira 50 hingga 60 orang untuk membincangkan perkembangan terbaru ini. Semua yg hadir menyuarakan rasa tidak puas hati terhadap pemaju. Ini kerana mereka merasakan pemaju telah membuat keputusan yang membelakangkan kepentingan penduduk dan sekurang-kurangnya pemaju perlulah terlebih dahulu memberi notis atau seumpamanya.

Mengikut sumber yang sahih, 50 unit ini hanyalah peringkat permulaan sahaja dan besar kemungkinan banyak lagi unit yg akan disewakan masa akan datang. Apa yg dibimbangkan penduduk ialah tentang, kerosakan ‘common properties’ dan bermacam masalah sosial yg akan timbul.

The residents have also referred this case to House Buyers Association (BHA) for advice on what measures can be taken by the residents to overcome this issue. Here is the excerpt of the email sent to HBA.

First of all let me introduce myself and my details as below;

Name = Witheld
Full Address = Witheld

I have move to my unit back to July 2004 and since we were living in
peace and quiet eventhough still there are a lot of thing which were promised
by Developer did not materialized.

Back to the issue, I only got the information of the Developer intention on Saturday morning 23/06/2007 and immediately call for urgent gathering among the units owner on the next
morning. We able to gather about 50 people and all of them do not agree
with the developer move.

For your information developer still have about 250 unsold units in two blocks apartment (Anggerik and Chempaka). As I was told by the informer the first 50 unit it just a beginning and there will be more unit will be rent out in the next phase.

Lastly we are really in dilemma on what right do the owner have to stop developer from rent it out there are unsold unit, and even they still proceed with it, how can we ensure the developer pay for the unsettled sinking fund and monthly maintenance. Really appreciate you to advise.

Thanks in advance.

Thanks & regards,
Name : Witheld

Let us know what the residents think of this move by the developer. To make the discussion more lively, the comments moderation have been turned off. But Webmaster would like to remind again, please discuss this issue rationally and responsibly. Please do not use of abusive and rude language. Comments that are inappropriate, out of context or bad taste, or targeting to any individuals will be removed without warning and may result in the User ID being banned. So please do not abuse this freedom.

We wrote about the complaint against Desaminium Jaya regarding the high maintenance charges and KPKT had sent a letter to Desaminium Jaya for an explanation.
Guess what… no response from Desaminium Jaya. Obviously Desaminium Jaya feels they are bigger than KPKT.
Here is the follow-up letter from KPKT and had asked Desaminium to be present at the ministry’s office for an explanation. No prize for guessing whether Desaminium Jaya will be there..

(Please click on the image for larger size)

Condominiums are a statement of luxury, but behind the facade, residents complain of the lack of services from their management companies (MCs) while MCs complain that the residents who refuse to pay management fees are the ones preventing such services from being provided.

This “chicken and egg” scenario is causing a lot of dissent among condominium property owners, so much so that a group of such affected owners decided to form the Condominium, Apartment and High-rise Committee (CAHC) to champion the rights of condominium owners.

There are no quick fixes to the problems, however, as residents who got together to fight their issues discover numerous hurdles and obstacles before them.

“There is a lack of transparency in the way things are done presently and residents are tired of being taken for a ride,” said CAHC pro tem chairman Tengku Nazaruddin Zainuddin.

Arguments between residents and MCs are often the result of money matters. Residents are already paying a premium on their service charges and when such services are not up to expectations, complaints would ensue.

Most MCs do not make the matter any easier to resolve because they do not allow the management accounts and the sinking fund accounts to be viewed, citing excuses that the accounts could not be shown.

“Don’t let them cheat you. Withholding such accounts from residents is a violation of the Housing and Development (Control and Licensing) Act 1966 that many MCs and condominium owners themselves are not aware of,” said CAHC pro tem assistant chairman Khong Chee Seng.

Section 19 of the Act states that the developer shall provide the purchaser with a copy of the Annual Audited Accounts for the expenses incurred for the provision of the said services.

Section 20 (sub-clauses 3 and 4) meanwhile provides for the Sinking Fund accounts to be made available to the purchaser.

CAHC through the residents associations has used this Act to apply for the accounts from two MCs of condominiums located in Petaling Jaya and Klang. However, they have yet to provide a copy to owners.

Part of the reason MCs do not want to disclose their accounts is the fact that some of them charge management fees illegally.

Prior to the acquisition of the strata title, the developer is either supposed to manage the condominium or outsource the management to another person or corporation.

“Any person who undertakes property management practice is required by law to register with the Board of Valuers, Appraisers and Estate Agents,” said Board of Valuers, Appraisers and Estate Agents registrar R. Mahaletchumi in reply to a query on management fee charges.

“Nevertheless, if the condominium concerned has not been issued with strata titles, then the developer may manage the condo himself, provided he does not charge property management fees.”

The right to charge such fees lies with those registered with the Board, as stated in Section 21 of the Valuers, Appraisers and Estate Agents Act 1981.

Developers who outsource the management to a third party must ensure that the person or company is registered with the Board.

Tomorrow: Read the second part on the problem faced by condominium and apartment owners in obtaining strata titles.

Source [The Star]

Condominium, Apartment and High-rise Committee (CAHC) pro tem assistant chairman Khong Chee Seng said there are many stories of management committees (MCs) using strong-armed tactics to bully residents into paying up the management fees.

One of the tactics employed is the clamping of water meters – a penalty which some MCs have included in the in-house rules and regulations for not paying management fees.

What many MCs do not take into account, however, is that Section 35 of the Strata Title Act 1985 specifically states that condo residents have the right to support, service and shelter, which includes access to water, and that any attempt to clamp water meters is in violation of the Act.

CAHC is trying to get around this deadlock by getting the Selangor state government to legislate a law forcing MCs to hand over the water meters to Syarikat Bekalan Air Selangor (Syabas).

Syabas is willing to let condominium dwellers pay domestic rates, but they must first control the meters, and they cannot take control of it presently due to the ambiguity in the law on water meters governing joint-ownership properties like condominiums.

Syabas has already submitted the proposal to the state government and it would take some three months for the state government to implement, if it agrees to such a suggestion.

Other tactics include lawyers’ letters with threats of lawsuits.

Khong himself has been slapped with several lawsuits amounting to RM5mil for fighting on behalf of condominium residents.

But residents are not the only victims here. Bungah Raya Management Corporation secretary Somasundaram Venkates-waran said from his experience, MCs use water clamping to enforce payment of arrears by defaulters.

“Though this is certainly not a fair thing to do (access to drinking water is a basic human right), it has been found to be a practical, cost-effective and quick recovery method,” said Venkateswaran.

“Legal recovery procedures are expensive and time-consuming. MCs may have to wait a long time to obtain judgment from our courts, all the more so with our appellate courts system.

“In the meantime, core services including corridor and car park lighting and lift operations have to be disrupted or even stopped altogether due to the lack of collections from owners. This will obviously anger owners who are good paymasters who may also stop payment until services are restored. It is a ‘chicken and egg’ situation.”

Source [The Star]