（3）2014-12-17 旧帖回顾CK Ho 又再说再等多这星期内容会回函，又尝被。。。耍的滋味叻。。。 Casa Damansara / Damansara Desa Kiara Condominium KL. Apart from all the said amendment list as below, the present case reminding us the Solomon Principle, as the Company directors? Shareholders trying to escape liability by forming another company In the event, The Solomon Principles applies all ‘the black sheeps’ will get caught. desakiara-stratatitle.blogspot/ For until today,the Project is plagued with numerous difficulties & problems: the Strata Titles Plans are still NOT issued;(see letter from land & mines dated 2012-06-22 ) the Approved Building Plans does NOT match with the Development Order; the Constructed Building does NOT match with the approved Building Plans,NOR the Development Order; the As-Built Plans does NOT match with approved Building Plans;NOR the Development Order; the Certificate of Fitness for Occupation(CFO)does NOT match the Constructed Building/As-Build Plans;& is contrary to the Development Order & the Approved Building Plans; the Pent House Units for Desa Kiara Condo.in Block C,D,E,F.does NOT seem to have any CFO; the 21 Commercial Shop Units appears to be illegal structures & a Demolition Notice has been issued by DBKL.Bil.(29)dated 2010--03-09. Its known that the Developer has been charged for non-fulfillment of requirement Development Order and Building Plan of RM50,000.00 which has already been settled by them. However, It does not stops there itself. Developers needs to proceed further to obtain all the relevant Development order and duly approved building plan for the additional units which does not exist in the previous approved plan. They also need to bear the all the charges that will accrue in the cause of obtaining the relevant approval from all the related authorities. For example, It does not mean that illegal drivers will automatically become a legal drivers once they have settled all the fine that has been charged to them for no driving license. they need to obtain driving license in order to drive on the road in future. As such, the duty of the Developer does not stops there by paying the fine amount. They need to proceed to get the approval Development Order & Building Plan for all the additional units i.e. 12 units (2 floor) Pent House & 21 units of Commercial Units at Block C,D,E & F and subsequently obtain Strata Title for the all the units in the Condominium. Refer to: LAWS OF MALAYSIA STRATA TITLES ACT,1985 (ACT 318) & STRATA TITLES (FEDERAL TERRITORY OF K.L.) RULES, 1988 (AS AT 1st AUGUST 1993) {Ins. Act A753} 10A. Application for subdivision in the case of phased developments. （1）An Application except where it relates to a low-cost building or building, may include an application for the issue of a provisional strata title or titles for a or block in respect of a building or building, being a building or building capable according to section 6 of being subdivided, proposed to be, or in the course of being, erected on the lot in question. （2）Where an application under section 10 involves a provisional block or block by virtue of subsection (1), the following requirements relating to the provisional block or blocks shell, in addition to the requirements of section 10 relating to the particular building or building to be subdivided, be observed in making the application: (a)the application shell be accompanied by the building plans approved by the planning authority for the building or building to be, or in the course of being, erected, to be submitted in triplicate; (b) the location plan shell include a legend, and shell delineate the position, of each provisional block, showing, in accordance with the approved building plans, the vertical section and dimensions of the building to which the provisional block relates; (c) the application shell be accompanied, as forming part of the proposed strata plan, by a storey plan in triplicate in respect of each block, which shell delineate the external boundaries, and show, in accordance with the approved building plans, the horizontal dimensions of the building to which the provisional block relates, without it being necessary to show any bearing; and (d) the proposed strata plan shall show the proposed quantum of provisional share units for each provisional block. ================== Section 6. Building capable of being subdivided. (1)Any building or building or building having two or more storeys on alienated land held as one lot under final title (whether Registry or Land Office title) shall be capable of being subdivided into parcels; and any building or buildings having only one storey on the same land shall also be capable of being subdivided, but only into parcels to be held as accessory parcel. (2) Notwithstanding subsection (1), the State Authority may, by rules, published in the Gazette, prohibit the subdivision of buildings of any class or description as may be specified in such rules. ===================== Refer to: LAWS OF MALAYSIA STRATA MANAGEMENT ACT 2013 ( ACT 757 ) ( AS AT 15th MARC 2013 ) 10. Developer to establish maintenance account. (1) A Developer shall open one maintenance account in respect of each development area with a bank or financial institution - (a) if vacant possession of a parcel was delivered before the commencement of this Act, on the date of the commencement of this Act : or (b) if vacant possession of a parcel is delivered after the commencement of this Act, at any time before the delivery of vacant possession, but in any case, before the Charges ara collected from the purchaser of any parcel in the development area. (1) Each maintenance account shall be be operated and maintained by the developer until the expiry of the developer’s management period. (2) The developer shall deposit into the maintenance account - (a) the Charges received by developer from from the purchasers in the development area; and (b) the Charges to be paid by the developer in respect of those parcel in the development area which have not been sold, and all such money shall be deposited into the maintenance account within three working days of receiving the moneys. (1) Notwithstanding any other written law to the contrary, all moneys in the maintenance account shall - (a) not form part of the property of the developer; (b) be held in trust for the purchasers; and (c) only be used by the developer solely for the purpose of meeting the actual or expected general or regular expenditure necessary in respect of the following matters; (i) maintaining the common property in good condition on a day-to-day basis; (ii) paying for the expenses incurred in providing cleaning services for the common property, security services and amenities for the occupiers of the building; (iii) paying any premiums for the insurance effected under this Act; (iv) complying with any notice or order given or made by the local authority in respect of periodical inspection of any building in the development area in the manner as specified in the Street, Drainage and Building Act 1974; (v) minor painting work on premises of the common property; (vi) carrying out inspection, maintenance and repair of the main water tank; (viii) paying rent and rates, if any; (ix) paying any fee incurred for the auditing of the accounts required to be maintained by the developer under this Act; (x) paying all charges reasonably incurred for the administration of the account required to be maintained by the developer under this Act as may be determined by the Commissioner; (xi) paying the remuneration or fees for the managing agent appointed under Part VI; (xii) paying any expenses, costs or expenditure in relation to the procurement of services, including the engagement of consultants, legal fees or costs and other fees and costs, properly incurred or accepted by the developer in the performance of its function and the exercise of it its power under this Act; or (xiii) meeting other expenses of a general or regular nature relating to the maintenance and management of the building or land intended for subdivision into parcels and the common property. (1)In the event that- (a) the developer enters into any composition or arrangement with his creditors or has a reveiving order or an adjudication order made against him; or (b) the developer, being a company, goes into voluntary or compulsory liquidation, the money in the maintenance account shall vest in the administrator, official receiver, trustee in bankruptey or liquidator, as the case may be, to be applied for all or any of the purposees for which money in the maintenance account are authorized to be applied under this Act. (2) Any money remaining in the maintenance account, after all payment have been properly made under this Act, shall be held by the administrator, official receiver, trustee in bankruptey or liquidator, as the case may be, and shall be transferred into a maintenance account in the name of the joint management body. (3) Any person who fails to comply with subsection (1), (2), (3), (4), (5) or (6) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a turm not exceeding three years or to both. Amendments to the Housing Development ( Control and Licensing ) ( Amendment ) Act 2011 Clause 2 Definition of the term “housing developer”In Section 3 of Act 118 to include the liquidator to enable the obligations of the wound-up developer to fulfilled by the liquidator. Clause 3 Amendment to section 6 of Act 118 over the sum of deposit for obtaining a housing development licence from the current RM200,000 to the three per cent of the estimated cost of construction to ensure that only companies with suffficient financial capability undertake housing development. Clause 5 Substitution to section 8A of Act 118 to give purchaser the right to terminate the sale and purchase agreement if the developer refuses to carry out, delays, suspends, ceases work for a continuous period of six months or more after the sales and purchase agreement. Clause 8 Amendments to section 16AD of Act 118 to increase minimum penalty of non-compliance with the Tribunal’s award to RM10,000 to maximum penalty to RM50,000 Clause 9 Introduction of Section 18A into Act 118 to make it an offence for any developer who abandons a housing development tand to enable a criminal proceeding to be taken against licensed housing developers who abandon a housing development. If charged and convicted, the errant developer shall be liable to a fine which shall not be less than RM250,000 and not exceeding RM500,000 or imprisonment for a term not exceeding three years or to both. Clause 11 Amendment to Section 24 to increase the penalty for any act or omission in contravention of any of the regulations from a fine not exceeding RM20,000 to RM50,000. Apart from all the above said amendment, the present case reminding us the Solomon Principle, as the Company directors? Shareholders trying to escape liability by forming another company In the event, The Solomon Principles applies all ‘the black sheeps’ will get caught. 2000-12-11 Newspaper Article - Nanyang News - Penalty for Desa Kiara Developers...RM130,000,00. ============ Ref： Michael Yong’s case against DKC Attachment E 2012-10-3 DESA KIARA CONDOMINIUM 公寓法庭案件 GUAMAN NO S-22NCVC-1159-11-2011 Desa Kiara 2013-12-9 Desa Kiara Annual General Meeting of Nov 10th 2013 Summary of Mr. Michael Yong’s case against DKC Attachment E Summary of Mr. Michael Yong’s case against DKC . Aug 1990: A joint venture agreement was negotiated between MY and the developer. . Nov 1992: Second Supplementary Agreement was signed. . Nov 1994: Third Supplementary Agreement was signed. . There was no documents detailing the allocation of additional car-parks for MY. . Oct 2001-Sep 2008: DKO was managed by Dkora headed by MY. . July 2007: Developer was wound-up by Court Order. . Aug 2008: JMB was set up in compliance with Act 663. . JMBC sought confirmation of beneficial ownership for 15 car park lot claimed. . Nov 2011: MY initiated an action against DKC JMB for a) Beneficial ownership of 15 car parks. b) Special damages of MR35,320 being arrears in rental and cost for re-painting. c) General damages. d) Cost for action . Nov 2012: High Court dismissed MY action with costs of MRS 60,000 to be paid to DKC. MY had thirty day to file appeal to the Court of Appeal. . Feb 2013: MY proposes 1. DKC return ALL the car parks claimed. 2. DKC to drop all claims to costs awarded. . Mar 2013: MY proposes 1) DKC return SEVEN (7) car parks 2) DKC drops the claims to costs awarded. 3) MY will not seek any damages 4) Appeal in the Court of Appeal to be withdrawn with no order as to costs. . July 2013: MY referred the case for mediation. Important Consideration: 1. The DKC JMBC is the compelled defendant in an action taken by MY. The JMBC submit that DKC having no contractual responsibility in the JV agreement and should not be the entity enmeshed in this legal action. 2. ACT 663 does not provide DKC with any authority, to determine or surrender ownershiop rights to common properties. 3. Legal cost in defending the case has amounted to MRS100000-00 and counting. 4. Claim for legal cost have yet to be filed with our Insurers since the case has not be finally determined. A negotiated settlement by DKC will negate any claims from the Insurers
Posted on: Wed, 17 Dec 2014 05:30:00 +0000
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