JMB had sent out Letter Of Demand (LOD) to those owners that had not paid their fees for a long time.
If these defaulters still fail to settle the outstanding amount then the next course of action is the summon.
It is not pleasant that these things have to go all the way to the court of law. But to be fair to those that had being paying their fees promptly and without fail, JMB has to resort to this action to recover the debts.
Well, we will have to wait and see whether these actions are having an effect on the defaulters. If not as the saying go - see you in court.
Thank you.
Showing posts with label maintenance fee. Show all posts
Showing posts with label maintenance fee. Show all posts
Friday, July 1, 2011
Wednesday, June 15, 2011
THE IMPORTANCE OF PAYING YOUR FEES
This is the second time I am posting on this subject. But even though at the risk of being labelled as nagging, I still insist on posting on this subject. I came across a very good comment as follow:-
A person who purchases a unit in a strata development enters into a three-fold legal relationship; firstly, he is the individual owner of his unit; secondly, he is a co-owner with all other owners of the common property and the land of the strata development, and thirdly, he is automatically a member of the owners' body to whom the management and maintenence of the scheme is entrusted. Harmony can only be achieved if the strata development is managed properly, the common property and facilities maintained adequately and regularly. The proper maintenance, efficient management and ultimately the success of the strata development will depend on a steady flow of payments to the coffers of the common fund of the owners' body. Repeated failure to contribute to common expenses may hinder timely maintenance and efficient management and ultimately wreck the whole strata development scheme. Every strata property purchaser or owners should read the Building and Common Property (BCP) Act to understand their duties as an individual owner first, secondly as a co-owner of the common property of the strata development and thirdly as a member of the owners' body formed.
Bye.
A person who purchases a unit in a strata development enters into a three-fold legal relationship; firstly, he is the individual owner of his unit; secondly, he is a co-owner with all other owners of the common property and the land of the strata development, and thirdly, he is automatically a member of the owners' body to whom the management and maintenence of the scheme is entrusted. Harmony can only be achieved if the strata development is managed properly, the common property and facilities maintained adequately and regularly. The proper maintenance, efficient management and ultimately the success of the strata development will depend on a steady flow of payments to the coffers of the common fund of the owners' body. Repeated failure to contribute to common expenses may hinder timely maintenance and efficient management and ultimately wreck the whole strata development scheme. Every strata property purchaser or owners should read the Building and Common Property (BCP) Act to understand their duties as an individual owner first, secondly as a co-owner of the common property of the strata development and thirdly as a member of the owners' body formed.
Bye.
Saturday, June 11, 2011
PAY UP ! ! !
Every organization needs funds to operate. Service charges are the monthly fees that property owners pay for services provided by their housing or apartment development's management company.
These pay for the upkeep of common areas, such as repairs and running costs ( e.g. electricity, lifts, etc.) for these areas, and may cover other services such as security or landscaping.
Service charges are not an optional payment if they are part of the terms and conditions of your contract to buy the unit. Once you conclude the contract, you have an ongoing legal obligation to pay these charges. So make sure your solicitor explains these obligations.
So, remember that not paying the service may be a breach of your contractual obligation.
Noy paying could leave you open to legal action, and any outstanding debts can be tied to your property. Any monies owed may be deducted from the money you receive once the sale has gone through.
If owners do not pay the charges, your management company will also run short of money and in time it may not be able to provide even basic services. This in turn may have a negative impact on the residents' quality of life and the value of property in the development.
The following are extract from Building and Common Property (Maintenance and Management ) Act 2007 Act 663.
23. Purchaser to pay maintenance charges
1) The purchaser shall pay the charges for the maintenance and management of the common property.
2) The apportionment of the charges to be paid by the purchasers shall be determined by the Body (JMB) in proportion to the allocated share units.
3) Any written notice served on the purchaser requesting for the payment of the charges shall be supported by a statement of the charges, issued by the developer or Body, as the case may be, stating in detail the categories of expenditure in respect of which the charges are to be paid.
4) The purchaser shall, within fourteen (14) days of receiving a notice under subsection (3), pay the charges requested for.
5) If the charges remain unpaid by the purchaser at the expiration of the period of fourteen days specified in subsection (4), the purchaser shall pay interest at the rate to be determined by the Body under paragraph 6(1)(d) but such interest shall not exceed 10 percent per annum.
32. Recovery of charges by Joint Management Body
1) Where maintenance charges become recoverable by the Body from a purchaser by virtue of section 23, the Body may serve on the purchaser a written notice requesting payment of the sum due within such period, which shall not be less than fourteen days from the date of service of the notice, as may be specified in the notice.
2) If at the end of the period specified in the notice under subsection (1) the sum or part of the sum due remains unpaid, the Body may serve on the purchaser a further written notice demanding payment of the sum due within fourteen days from the date ofservice of the notice; and if upon expiry of the said period, the sum due remains unpaid, the Body may institute proceedings in any court of competent jurisdiction for the recovery of the said sum or, in addition or as an alternative to recovery under this section, resort to recovery under section 33.
33. Recovery of arrears of charges
1) Where the amount of charges payable is in arrears for six months, the Commissioner (COB) may, at the request of the developers or Body, issue a warrant of attachment in Form B of the Second Schedule authorizing the attachment of any movable property belonging to the purchaser which may be found in the parcel or elsewhere within the local authority area.
2), 3), 4), 5), 6), 7) & 8) ( If interested please get a copy of ACT 663 from the office )
34. Failure or refusal to pay charges
Any person who, without any reasonable excuse, fails or refuses to pay maintenance charges commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.
I must have bored you writing such a long posting. But I feel it is of utmost important for all owners pay the charges promptly.
Thank you.
These pay for the upkeep of common areas, such as repairs and running costs ( e.g. electricity, lifts, etc.) for these areas, and may cover other services such as security or landscaping.
Service charges are not an optional payment if they are part of the terms and conditions of your contract to buy the unit. Once you conclude the contract, you have an ongoing legal obligation to pay these charges. So make sure your solicitor explains these obligations.
So, remember that not paying the service may be a breach of your contractual obligation.
Noy paying could leave you open to legal action, and any outstanding debts can be tied to your property. Any monies owed may be deducted from the money you receive once the sale has gone through.
If owners do not pay the charges, your management company will also run short of money and in time it may not be able to provide even basic services. This in turn may have a negative impact on the residents' quality of life and the value of property in the development.
The following are extract from Building and Common Property (Maintenance and Management ) Act 2007 Act 663.
23. Purchaser to pay maintenance charges
1) The purchaser shall pay the charges for the maintenance and management of the common property.
2) The apportionment of the charges to be paid by the purchasers shall be determined by the Body (JMB) in proportion to the allocated share units.
3) Any written notice served on the purchaser requesting for the payment of the charges shall be supported by a statement of the charges, issued by the developer or Body, as the case may be, stating in detail the categories of expenditure in respect of which the charges are to be paid.
4) The purchaser shall, within fourteen (14) days of receiving a notice under subsection (3), pay the charges requested for.
5) If the charges remain unpaid by the purchaser at the expiration of the period of fourteen days specified in subsection (4), the purchaser shall pay interest at the rate to be determined by the Body under paragraph 6(1)(d) but such interest shall not exceed 10 percent per annum.
32. Recovery of charges by Joint Management Body
1) Where maintenance charges become recoverable by the Body from a purchaser by virtue of section 23, the Body may serve on the purchaser a written notice requesting payment of the sum due within such period, which shall not be less than fourteen days from the date of service of the notice, as may be specified in the notice.
2) If at the end of the period specified in the notice under subsection (1) the sum or part of the sum due remains unpaid, the Body may serve on the purchaser a further written notice demanding payment of the sum due within fourteen days from the date ofservice of the notice; and if upon expiry of the said period, the sum due remains unpaid, the Body may institute proceedings in any court of competent jurisdiction for the recovery of the said sum or, in addition or as an alternative to recovery under this section, resort to recovery under section 33.
33. Recovery of arrears of charges
1) Where the amount of charges payable is in arrears for six months, the Commissioner (COB) may, at the request of the developers or Body, issue a warrant of attachment in Form B of the Second Schedule authorizing the attachment of any movable property belonging to the purchaser which may be found in the parcel or elsewhere within the local authority area.
2), 3), 4), 5), 6), 7) & 8) ( If interested please get a copy of ACT 663 from the office )
34. Failure or refusal to pay charges
Any person who, without any reasonable excuse, fails or refuses to pay maintenance charges commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.
I must have bored you writing such a long posting. But I feel it is of utmost important for all owners pay the charges promptly.
Thank you.
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