Friday December 15, 2006(Star)
Stairways to exhaustion
IMAGINE climbing up stairs to reach your home on the 16th floor. Well, that’s exactly what Chew Keok Ghee, 58, has been do-ing for the past six weeks.
The resident of Block 25 of Taman Sri Damai flats in Batu Lancang, Penang, is frustrated with the breakdown of the two lifts.
“I’m too exhausted to climb up after coming down from my unit in the morning.
“I usually hang around the flats compound until I have finished lunch before walking up again,” he said.
Former security guard Mohd Yunus Talib, 62, who lives on the eighth floor, is among those severely affec-ted.
Mohd Yunus, who is half paralysed, needs to undergo physiotherapy once a fortnight at the Penang Hospital. His wife Rohani Abdul Rah-man, 51, said she had to plead with the management corporation to operate the lift manually so that that her husband could be taken to the hospital.
A check with the management corporation showed that the lift could still be ope-rated manually.
“We operate the lift ma-nually only during an emergency,” said an official.
Resident R. Raja, 55, said the breakdown of the lifts was posing a big problem to senior citizens.
“I live on the 12th floor. Since I make six trips daily, my knees are aching,” he said.
He added that residents have to carry cooking gas cylinders to their units as the suppliers refused to deliver it to their doorsteps.
Another resident Idris Zai-nal Abidin, 55, said residents of Blocks 21 and 23 were also experiencing the same problem since three weeks ago.
A management corporation spokesman said it was wor-king closely with the newly engaged property management company to resolve the problem.
“We have just taken over the management from IJM Corp Bhd about a month ago.
“We are looking for a contractor to maintain the lifts as the previous one appointed by IJM does not want to continue providing the service,” he said.
He said IJM Corp should honour its promise to install a new lift.
He urged residents to pay more than RM700,000 in maintenance fees owed to IJM Corp by those in Block 25 as well as those from Blocks 21 and 23.
Comments
Walking up the stairs...................
I am Chairman of MC. of Apartments at Desa Permata and have same experience of encountering residents who refuse to pay service charges as stipulated in the SnP. A word of advice to the poor residents of the captioned apartments: Either you pay your management funds as obligated or you will just have to bear with the problems and exercise yourself daily up and down by stairs. All lift maintenance require "$" to do it and how do you expect the management corporaiton to function if all refuse to pay "$" for maintenance of common properties !
Yes, you want better
Yes, you want better service? Pay up your maintenance fees, idiots!
Brothe, I support YOU.....
Brothe, I support YOU..... people only tahu complaint only ... YES PLEASE PAY MAINT FEES
Walking up the stairs...................
Hi, Chairman,
Can you advise how many units you have, the service charge that you are charging and has the charge ever been justified and provided with accounts? and what are the common facilities that you have to take care?
By the way, who should be responsible for the following? Any rental income been taken and how much?
http://www.penangwatch.net/taxonomy/term/4
This sites encourage all people to be binded under the law if
(i) the law is fair, and
(ii) during the execution of law the Rights of the payees are respected with transparency and accountability.
Does your MC works in this direction. Any reason the residents are not paying?
By the way, if MC stands for MC under the Strata Title Act or just a management company?
Have you got your Strata Title in time and facilities as promised by the Developer?
Please visit
http://www.penangwatch.net/node/306
"Aunt Tua" pays in advance...!
I can understand how frustrated you are but let's refrain from using vulgar words on those "infantile, silly and naive" apartment dwellers in lieu of "idiots", ok?
The troubles with those non-payers of management funds are, firstly, they thought they are privileged group without realising that they have signed the SnP with stipulation of such payments ought to be bound for the rest of their lifetimes until one day, they can afford landed properties or bungalows then can live without it! Only those who can afford will be exempted from paying management funds! Those are the real privileged group! Parcel-proprietors NO!
Secondly, they thought by smartly uttered some excuses like lousy services, unsatisfactory maintenance etc., they can safely hide behind the alibi "Chicken and Eggs" and enjoy the privilege of not paying the funds that they have put their pens on! We can only express pity on these naive and ignorant groups for they do not realise, they will have to pay a much more heavy price oneday when they are taken to court for breach of covenants, being defaulters of management funds!
Here is a simple calculation of penalty which likely to be imposed by the court of competent jurisdiction based on Strata Titles Act :-
Presume that the outstanding arrear is RM3000.00. The particular defaulter is taken to court and the claim of Managment Corporation will be filed as-Claming the principal plus accrued interests at 10% p.a. plus costs (court and lawyer fees). Based on the amended strata titles act (section 55A), the court may impose a fine/penalty of 5000.00 on conviction of such 'guilty of an offence'! Hence in figures:- RM3000 + 300 + 2500 + 5000 = 10,800.00 most minimum to be charged on judgement of court! The defauter can continue to challenge the court decision and deny payment and he will be charged RM50.00 per day during which the contributions remain unpaid! Penny Wise Pound Foolish isn't it?!
A word of advice, those who refuse to pay management funds must refrain from using lifts, water, any part of common property as these are maintained with management funds contributed by the law abiding residents! What the heck you enjoy without paying?! YOU think you are taiko, MAFIA?!
In my aprtments, the real taiko "Aunt Tua" pays one year in advance for his management funds! What-about-then!
Choose to be Positive and Wise..
I do agree with you that there are many poor apartments home buyers being ill-treated and mishandled by the unscrpulous developers and/or the Management Corporations! I was once being treated that way but managed to fight the way out for mine and the residents' benefits until the establishment of our MC now in operation!
Through the course of hardships, my present councils have learnt how to be fair and just and the ethics of good practices all in abiding to the laws ever exist, be it fair or not fair is not for people like you and I could possibly justify with merely our understanding of the limited Acts 318, 118 and so on!
In the market, there are many intellectual people who are drilling hard into the law books, between the lines until they are satisfied that they have learnt the essence of laws, then portray themselves to be like preachers transforming their learnings to the common people as the belief - the belief of truth and justice!
This is a subject of arbitration for even the Father of Church at times may also mis-interpret the Bible and that he is not saint and subject to have committed sins on his wrong doings! Even the practicing Lawyers could not warrant that they are well versed with those Acts for the fact that there has been little precedent cases in Strata Titles Act so far judged in court and provide them reference of case study!
Therefore, for you and I to interprete laws based on our bare understanding on theories is not relevant and sufficient! I always maintain that points of laws are to be interpreted by the Judge in the court room and not anywhere outside, nether in the classroom!
We must always bear in mind our social responsibilities and refrain from misleading the public with negative bias which will transmit like virus contagious and infest all those innocent people who unknowingly fall into believing us without going through the course of scrutiny and analysis!
Are we going to be blamed for creating havocs and miserable lives for the people or amicable and conducive lives for all will be more preferable?!
Regards.
Choose to be Positive and Wise..
I assume this is a reply to the following Walking up the stairs...................
I believe it is "fair and ethical" to draw the attention of the Chairman of Desa Permata to an enquiry posted by the fellow residents from Desa Permata,in Transmission tower a bomb threat to residents. Radiation kills!
which I believe is fair and ethical and privilege for the Chairman to response as well as to provide a fair background with information as enquired in last posting for readers of this sites to understanding the situations and therefore to justify the "grievance" of the Chairman of not getting a fair response from the residents to pay Management fee.
Since Management Corporation is mentioned, I believe it is under STA (Strata Title Act) that made MC came into existence and thereby, the Chairman of the Council of the MC as well as the Rights of MC to demand for Management Fee and therefore, the obligation (or fairness and ethic) for the Chairman to answer the question raised by his fellow residents!!
Therefore, Law, such as STA is not academic nor theoretical, but, to be applied in daily life when Common Property within a Development is concerned, such as to allow a Chairman to voice as a Chairman, etc.. So, it is not for the Class room.
Whether the Chairman has the obligation to answer will depend on:
1. If the SPACE for the Transmission tower is in a Common Area?
2. Had the erection be given approval by a AGM or EGM of the residents?
3. Had any rental been taken and therefore, be accounted?
4. If radiation from Transmission Tower is hazardous to Health?(A Health matter and not a direct STA matter)
UNDERSTANDING OF LAW ARE FOR THE UNDERSTANDING OF THE RIGHTS AND OBLIGATIONS OF ALL PARTIES THAT CONCERN FOR A SMOOTH EXECUTION OF CERTAIN LIABILITIES for daily compliances. If necessary it will extend to the Courtroom for redress!!
SO THE RESIDENTS HAVE A CHOICE TO USE IT BEFORE THE COURTROOM, or, IN THE COURTROOM IF THE CHAIRMAN only want to refer it in A COURTROOM!!
Once again, as a visitor this site, I believe this site is encouraging all parties to abide the laws - be it be Residents and MC on the ground that the LAW had not been BIAS!!
CHOOSE TO BE POSITIVE AND WISE - know the law without BIAS!!
"Aunt Tua" pays in advance...!
1. Management Fee does not apply only on Strata Properties but also on some landed. And, some Strata Properties can cost more than Landed Properties.
2. Management fee (or more official, Service Charge) under S&P is to the Developer - but to be proportionate , justified and proven with accounts, etc..! The Developer is, in fact, a Trustee to the management of the Property.
3. The obligation to pay to MC (under the Strata Title Act) only come to the time when the purchaser is the registered proprietor of the parcel or unit, and, the MC is the registered proprietor of the Common Area, common properties, Common Facilities of the Development - registered proprietor of the land above which the Strata are based on as well as custody of all legal documents and approval plans. The Management fee (or more official - Contribution) is to be justified, proportionate, approved at the First AGM, etc.. and be accountable in due course.
The obligations and rights are not to be under "excuses" but by Law. The obligations of the MC have to be fulfilled and the Rights of the Management to collect the charges will also be verified by the Court if it comes. References can be from
http://www.hba.org.my/laws/CourtCases/1996/emko_properties.htmFor those Management, who have no fault of themselves, should take legal action against those have no good reason not to pay. Those who are defaulter on playing the part as Management, should clean-up their backyard first as the calculation on those expenses could be yours and not the one who don't pay. HOWEVER, ALL RESIDENTS MUST TAKE CARE THAT YOUR MANAGEMENT CORPORATION BEHAVES ACCORDINGLY, AS EXPENSE IN COURT CASE BY ANY MC ARE IN FACT EXPENSES TO BE SHARED BY EACH AND EVERY PROPRIETORS BEING A SHAREHOLDER OF THE MC!!Respective LAWS CAN BE found in
http://www.hba.org.my/laws/list.htm
ALL MANAGEMENT ARE WELCOME TO POST THEIR "GRIEVANCE" BUT PLEASE JUSTIFY YOUR CLAIM!!
View posted by a visitor to this site!
hen or egg?
Let me ask you all a question, the egg come first or the hen? Or you want to pay first then see a good service by the property management, or the other way round. This is the same problems happened to us daily as our gov don't really have a ragulations on the maintainance. People here seeing too many failure projects, and the gov seems to protect the developers(bcos no action been taken upon those developers that have stolen the sinking fund). For those have seen this can list down to me which projects maintain well? I know there are some, but mostly sux..... Those who hold the property management licence just want to collect money. It happened before that a property management paid under table money(in hundreds of thousand) in order to get the rights to manage the project developed by the ex famous developer started with"P" and end with"S". How are this property management doing well? I know also a property management company has the track record of termites treatment for the projects for the past 10yrs, but lately they found out the AV hall and Sauna has been eaten up by termites. Then who is going to pay for the losses?
As a propety owner, we should pay our .maintainance fee and audit the acc, and the serrounding carefully. This place belongs to you all as well as you own a unit. Remember you don't pay the bill, end of the day you will sufer as the property value will drop. Now Penang high rise properties mostly don't appriciate lot or even depreciate. The main reason is the facilities are getting lesser than before and the serounding are worst. Don't be afraid to complain as the property manager don't own the place, they are just your worker.
The property manager should do a good job. Not act as bomba or telephone operator. it means wait until damage only repair or call other to repair. This way of management no need professional people like GE TAN, or BHL, everybody also can do. Checking on all the facilities are very important. I know there are no professional property management company in Penang. So is a good time for you guys to show your advantages on manage a good property. Is a good business lor. And before you mess up other property, just think it over, if other people do termite treatment for yrs and end up you whole house destroy by the termites. Will you still pay the bill? I know you guys are millionaire, but think it with your head, not your leg or your backside before doing any decision to harm others.
The gov dun always think the ppl dun want to pay. The way of managing the property, YB ONG KAR TENG also will not pay lah. Somemore other ordinary people. The gov should terminat their licence if they really destroy the place.
As conclude, Penang hardly find a good licenced property management company.
Here are the list of good maintained properties:
MOST OF THE BELLEVIEW PROJECTS
DESA TANJUNG
TIARA VIEW
SRI GOLDEN BAY
AND OTHERS.....
the bad or worst :
Mostly All projects developed by Penas
Maintenance
As we all are moving towards the era of high rise living we all of US must understand the simple meaning of M A I N T E N A N C E. Like one former PM of our neigbouring country says NOTHING IS FREE AND DO NOT EXPECT OTHER TO PAY FOR YOUR COMFORT AND ENJOY THE BASIC FACILITES OF LIFE SERVICING ETC.
IF YOU STAY IN A LANDED PROPERTY YOU ALSO HAVE TO M A I N T E N A N C E INDIVIDUALLY AT THE END OF THE DAY WITH A HUGH AMOUNT DEPENDING ON THE WEAR AND TEAR AFTER LET SAYS 5 YEARS. THIS MAY VARY FROM ANYTHING OF 10000 TO 80000.
THEREFORE FOR EXAMPLE IF YOU PAY RM50 PER MONTH X 12 MONTHS X 10 YEARS YOU GET TO PAY RM6000 ONLY.
THERE IS NO WAY TO ESCAPE .
FOR THOSE WHO SIMPLY REFUSE TO CHANGE THE MIND SET AND DOES NOT KNOW HOW TO LIVE A HARMONY AND HEALTHY COMMUNITY LIVING THEN BUT CHOSE NOT TO PAY FOR THE MAINTENANCE FEE MAY I SUGGEST THAT LIVE WITH FREE AIR AND IN THE OPEN PARKS THEN FORGET ABOUT FEES.
FOR THOSE WHO CANNOT UNDERSTAND AND AGREED WITH THIS COMMENT PLEASE SUGGEST A BETTER APPROACH.