回顾2013-03-18 甲洞富德盛第4A2期服務公寓風波未了！ 公寓總地契被3名業主申請凍結一事，市政局應該履行身為地主的責任，要求移除總地契3業主名字，以解決有關的問題，以便有關的屋主能夠申請分層地契？？？。。。 冻结者利益解决了吗？？？。。。且看是否要先了解过失出在旧有法令的呢？？？！！！ ============= HOUSING DEVELOPERS (CONTROL AND LICENSING) (AMENDMENT) ACT 1988 ACT A703 Date of Royal Assent: 15th May 1988 Date of publication in the Gazette: 9th June 1988 In force from: 1st December 1988 - PU(B) 630/88 An Act to amend the Housing Developers (Control and Licensing) Act 1966. BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: 1. Short title and commencement. This Act may be cited as the Housing Developers (Control and Licensing) (Amendment) Act 1988 and shall come into force on such date as the Minister may by notification in the Gazette appoint. 2. Amendment of section 3. Section 3 of the Housing Developers (Control and Licensing) Act 1966 [Act 118], which in this Act is referred to as the principal Act, is amended- (a) by inserting before the definition of body of persons, the following new definition: bank means any bank licensed under the Banking Act 1973 [Act 102] or under the Islamic Banking Act 1983 [Act 276],; (b) by inserting immediately after the definition of Controller, the following new definition: finance company means any finance company licensed under the Finance Companies Act 1969 [Act 6],, (c) by substituting for the definition of housing developer, the following definition: housing developer means any person, body of persons, company, firm or society (by whatever name described), who or which engages in or carries on or undertakes or causes to be undertaken a housing development,; (d) by substituting for the definition of housing development, the following definition: housing development means to develop or construct or cause to be constructed in any manner more than four units of housing accommodation and includes the collection of monies or the carrying on of any building operations for the purpose of erecting housing accommodation in, on, over or under any land; or the sale of more than four units of housing lots by the landowner or his nominee with the view of constructing more than four units of housing accommodation by the said landowner or his nominee,, (e) by inserting immediately after the definition of housing development, the following new definition: Housing Development Account means an account opened and maintained by a licensed housing developer pursuant to section 7A;; (f) by inserting immediately after the definition of Housing Development Account, the following new definition: housing lot means any piece of land surveyed or otherwise, to which a lot number has been assigned to it and which is subject to the category building in accordance with the National Land Code 1965 [Act 56/65],, and (g) by substituting for the words a licensed in the definition of purchaser, the word any. 3. Amendment of section 5. Section 5 of the principal Act is amended - (a) by substituting for the words or undertaken in subsection (1), the words , undertaken or caused to be undertaken; (b) by substituting for the colon in subsection (1) a fullstop; (c) by deleting the proviso to subsection (1); (d) by inserting the words or cause to be undertaken after the word undertake appearing in subsection (3); (e) by substituting for the word may, the word shall in subsection (3); (f) by substituting for the colon in subsection (4) a fullstop; and (g) by deleting the proviso to subsection (4). 4. New section 7A. The principal Act is amended by inserting immediately after section 7, the following new section 7A: Licensed huosing developer to open and maintain Housing Development Account. 7A. (1) Subject to subsection (9), every licensed housing developer shall open and maintain a Housing Development Account with a bank or finance company for each housing development undertaken by the licensed housing developer. (2) Where a housing development is to be developed in phases, the licensed housing developer shall open and keep a Housing Development Account under subsection (1) for each phase of such housing development. (3) The licensed housing developer shall pay into the Housing Development Account of a housing development the purchase monies received by the licensed housing developer from the sale of housing accommodation in the housing development and any other sum or sums of money which are required by regulations made under this Act to be paid into the Housing Development Account. (4) The licensed housing developer shall not withdraw any money from the Housing Development Account except as authorised by regulations made under this Act. (5) Subject to subsection 6 (b), all monies in the Housing Development Account shall, notwithstanding any other written law to the contrary, be deemed not to form part of the property of the licensed housing developer in the event - (a) the licensed housing developer enters into any composition or arrangement with his creditors or has a receiving order or an adjudication order made against him; or (b) the licensed housing developer, being a company, goes into voluntary or compulsory liquidation. (6) Upon the happening of any of the event referred to in subsection (5)- (a) the monies in the Housing Development Account shall vest in the official receiver, trustee in bankruptcy or liquidator as the case may be, to be applied for all or any of the purposes for which monies in the Housing Development Account are authorised by regulations made under this Act to be withdrawn; and (b) any money remaining in the Housing Development Account, after all payments have been made pursuant to paragraph (a) and all liabilities and obligations of the licensed housing developer under the sale and purchase agreements in respect of the housing development have been fully discharged and fulfilled, shall be held by the official receiver, trustee in bankruptcy or liquidator as the case may be, as money belonging to the licensed housing developer to be applied in accordance with the law relating to bankruptcy of or the winding-up of a company. (7) Notwithstanding any other written law to the contrary, all monies in the Housing Development Account shall not be garnished until all liabilities and obligations of the licensed housing developer under the sale and purchase agreements in respect of the housing development have been fully discharged and fulfilled. (8) Subject to section 36 of the Banking Act 1973 [Act 102], the Minister may, if he thinks necessary, appoint an approved company auditor to investigate the books, accounts and transactions of a Housing Development Account and the licensed housing developer shall pay all expenses incurred hereto. (9) This section shall not apply to any housing development carried on by a licensed housing developer where all the housing accommodation in the housing development will not be offered for sale and purchase before the completion of the housing development. (10) Any housing developer who contravenes or fails to comply with this section shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than ten thousand ringgit but which shall not exceed one hundred thousand ringgit and shall also be liable to imprisonment for a term not exceeding three years or to both.. 5. Amendment of section 10. Section 10 of the principal Act is amended - (a) by substituting for subsection (1), the following: (1) Either on his own volition or upon being directed by the Minister under subsection (2), the Controller or an Inspector may from time to time under conditions of secrecy investigate into the affairs of or into the accounting or other records of any housing developer.; (b) by deleting in the English text the comma appearing in paragraph (a) of subsection (2); and (c) by deleting the word licensed wherever it appears. 6. Amendment of section 18. Section 18 of the principal Act is amended by substituting for the words not exceeding twenty thousand ringgit, the words which shall not be less than ten thousand ringgit but which shall not exceed one hundred thousand ringgit. 7. Amendment of section 19. Section 19 of the principal Act is amended - (a) by deleting the word licensed appearing in the first line; (b) by deleting in paragraph (b) of the English text the word licensed appearing in the fourth line; (c) by deleting the word or at the end of paragraph (c); (d) by inserting immediately after paragraph (c), the following new paragraph (cc); (cc) fails to comply with any direction given by the Minister under paragraph (a), (b), (d) or (e) of section 11 (1); or and (e) by deleting the word licensed appearing in the marginal note. 8. Amendment of section 21. Section 21 of the principal Act is amended by deleting in the English text the word licensed. 9. Amendment of section 23. Section 23 of the principal Act is amended by deleting the words the Controller. ============= Act A1415 HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) ACT 2012 An Act to amend the Housing Development (Control and Licensing) Act 1966, Short title commencement and application (2) This Act come into operation on a date to be appointed by the Minister by notification in the Gazettle, Amendment of Section 3 2. Section 3 of the Housing Development (Control and Licensing) Act 1966[Act 118], Which is referred to as the “principal Act” In this Act, is amended in the definition of “housing developer” By inserting after the Word “developer” the Word” and in a case where the housing developer is under liquidation, includes a person or body appointed by a Court of competent jurisdiction to be the Provisional liquidator or liquidator for the housing developer. Amendment Of Section (6) This Section applies only to an agreement lawfully entered into between a purchaser and a licensed housing developer after the date of coming into operation of the Housing Development (Control and Licensing) (Amendment) Act 2012 [Act A 1415]. ======================== 甲洞‧發展商無法兌現賠償承諾‧允屋主免付維修費 2013-03-18 14:32 （吉隆坡17日訊）甲洞富德盛第4A2期服務公寓風波未了！ 甲洞富德盛服務公寓雖獲正式入伙紙，目前又面對賠償金變卦，讓購屋者深感無奈。前排左二為余保憑。 （圖：星洲日報） 據瞭解，該公寓的購屋者經過重重波折終獲入伙紙及獲得發展商同意支付賠償金，如今又傳出賠償金有變，令涉及的購屋者無奈又擔憂。 以超級排屋作為抵押 甲洞社區服務中心主任余保憑指出，由於發展商無法兌現2年前為延遲交屋賠償每戶2萬令吉賠償金的承諾，在購屋者的獻意下，發展商同意讓涉及的屋主在獲得賠償金前，無需繳付公寓維修費，並以新發展計劃的一間三層式超級排屋作為賠償金抵押。 他說，購屋者對發展商無法兌現有關承諾感到不滿，於是在今年2月6日再次與發展商開會，經過協議後，發展商同意讓涉及的購屋者在獲得賠償金前，免付每月101至150令吉的公寓維修費以抵銷有關的賠償金，直到發展商有能力支付賠償金。 “同時，我們也向發展商獻意，要求發展商把新發展計劃中一間市價為150萬令吉的超級排屋作為抵押，以保障購屋者的利益。＂ 余保憑與購屋者2代表 與發展商簽合約 余保憑在今早於甲洞富德盛服務公寓與購屋者討論有關事宜後指出，涉及的購屋者也會委派2名代表再加上他，作為該超級排屋的信託人並與發展商簽署合約，以便有關排屋在明年6月推介後，信託人得以監督有關進展。 他說，涉及的購屋者共有92名，而發展商需支付的賠償金為184萬令吉，若以每戶可獲2萬令吉賠償金來算，以扣除維修費作為抵銷的方法，需要一段很長的時間來抵銷費用，對購屋者也不公平。 “若購屋者能有一間價值150萬令吉的排屋作為抵押，一旦該房屋推介並售出後，即可付清扣除維修費後剩餘的賠償金。＂ 余保憑也指出，若有關排屋無法在明年6月推介，發展商將繼續以扣除維修費方式抵銷賠償金，直到有關排屋推介為止。 要求移除總地契3業主名字 余保憑也促吉隆坡市政局關注及解決富德盛服務公寓總地契被3名業主申請凍結一事，以便有關的屋主能夠申請分層地契。 他說，市政局應該履行身為地主的責任，透過合適的程序將3名業主的名字從總地契上移除，以解決有關的問題。 林進達：無奈接受替代方案 針對此事，購屋者行動委員會主席林進達指出，購屋者對賠償金有變一事深感無奈，但在沒有辦法下，也只得接受有關的替代方案。 他說，購屋者會先靜待進展，若明年6月仍無法獲得解決，不排除會採取其他行動。 新聞背景 苦等4年無法入伙 2004年3月：156名購屋者與發展商簽署買賣合約，發展商原定於36個月內完工，即於2007年3月間發出鑰匙給購屋者，然而購屋者苦等近4年仍然無法入伙。 2010年4月：隆市政局召見購屋者委員會及發展商，當時發展商答允2010年12月杪交屋。 2011年1月：公寓購屋者不接受發展商發函要求購屋者入伙後勿追究延遲交屋的賠償的要求，並尋求房屋及地方政府部介入，以尋找雙贏方案。 2011年5月：公寓購屋者與發展商終於達成協議，發展商將因延遲交屋而賠償2萬令吉給每名涉及的購屋者，並在最遲4個月內完成剩餘的5%工程，有關賠償金將在獲得入伙紙後的6個月內發出。 2012年10月：公寓購屋者歷經重重問題，終於在10月18日獲得了正式入伙紙，惟部份業主仍面對地契凍結問題未解決，至今無法獲得分層地契。 （星洲日報／大都會） 點看全文: mykampung.sinchew.my/node/228798#ixzz3Ofxih0ik Follow us: @SinChewPress on Twitter | SinChewDaily on Facebook
Posted on: Tue, 13 Jan 2015 05:49:19 +0000
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