Monday, July 7, 2008

Anyone can help out?

The following questions were asked by a member from PJ.....

1. What law (state or federal) specifically prohibits cutting water supply to apt residents? - pls cite
2. How is Syabas empowered to cut water supply for non payment of water dues? Have they got special powers? - pls cite
3. Is it illegal to specify the cutting of water supply to an apt (in the House Rules) even if it is not practised?
4. Is reducing water pressure to an apt an illegal act? Are there laws that can be cited?
5. Are there laws on the right of entry and exit to an apt via common areas (for fee defaulters)? - pls cite
6. Can defaulters (item 6) be denied lift service and be made to use the stairway?
On pets in condos
7. Are there state / federal laws that prohibit keeping of pets in high rise? - pls cite
8. If no to above (item 6), are there laws that prohibit keeping more than one pet?
9. Are there laws regarding breeding animals in condos? Can 2 or more pets be construed as breeding?
On developer
10. Can a developer claim unsold apts and car parks in a developement project, and ownership to such?
11. If yes (item 9) would the developer have to pay the Maintenance fees?
12. What about unsold car parks - these do not attract any maintenance charges at Maxwell. Do such units default as common area, and if so after what period after the building CF is issued?


the-new-dave said...

1. This one not legally qualified response, but it is a fact that there has been a High Court decision against the cutting of water supply by developers and MCs. Victim may also claim tortious damages.
2. Yes, he water supplies have legal clout to disconnect water supply in the event of unpaid bills in the same way electicity supply can be disconnected. When I locate the Act (which covers waer supply) I'll post the clause here.
3. As long as an act is not criminal, it can be stated in any agreement. However, please note that in order to win a case, the agreement must be legally applicable and a lousy and unfair document will inevitably sway the sentiments of a human judge. Don't ever give fodder to your opponent to challenge you, even if one invalid clause is not going to cause the whole set of house rules to be thrown out.
4. Not a statute but under Law of torts. Act of nuisance and harassment. In a JMB, if the victim sues, all unit owners will have to bear the eventual loss. If I am the judge I will call such an act "babaric gangsterism".
5. Its only right of entry, exit being a foregone obvious action. Entry to any apartment is obviously via common area. Or is it suggested entry via windows etc? If you are not entering a premise in a situation of emergency, make sure you use the designated legal entrance. Any other form of entry is criminal forced entry. Don't ever attempt to enter an apartment unless you have clearance from the court of law. Provisions in Deed of Mutual Covenant, House Rules, etc, mean nothing where the right to possession and privacy is concerned. You have a legal avenue, exhaust it first before attempting anything doubtful under your own laws.
6. Same as question 4. You wanna pay through your nose if somebody diesof heart attack struggling up 15 storeys daily?
7-9. All local authorities have a bylaw regulating, if not prohibiting, the keeping of pets in high rise accomodation. Refer to your local authority for the details applicable to your development.
10. It is my understanding that for the purpose of rights of ownership under the Strata Title Act and Act 663, a Sale and Purchase Agreement must have been executed. This proposition was supported by the sweet lady (was her name Pn Nazleen?) from the Housing Ministry(?) during the Q&A session at the Act 663 forum in Royale Bintang Damansara on 12/7/08.
11. Although the developer cannot have rights of owners for unsold units, they are obliged under the Strata Title Act to bear the liabilities for unsold units as if they are the owners. Thus they must pay their share of maintenance fee, sinking fund, water and sewage bills, etc.

12. No, car parks need not necessarily be a common area. Some developers deliberately maintain ownership of car parks. Check your Sale and Purchase Agreement for the full list of what constitutes common property in your development. Common property do not attract maintenance fees, but must be maintained by the developer or MC. Car parks and other commercial facilities which do not form part of common property but are retained by the developer remain the property of the developer, and when the strata title is issued, they will have their own strata title for the respective space. Since such areas are not common areas/property, the owner is obliged to have a pro-rata share for maintenance and sinking fund and any other common funds.

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