There are a few issues with the developer, Sentosa Restu (M) Sdn. Bhd.(Vendor), on the final payment and hand over to be resolved:-
1. LAD claim. The vendor requested that we defer the LAD claim. We should deny their request, unless some form undertaking is given by the vendor to compensate the buyers.
The vendor is insolvent. If the LAD is not paid, we have to file legal action, only to liquidate the company. Nothing left to claim.
2. We should request to offset LAD claim with final payment. The LAD is slightly more than the final payment sum. Approximately RM11,000 for each apartment unit.
3. There is no stakeholder (lawyer) appointed to hold the 5% for rectification work. Reason is because the project is a commercial property. Henceforth, there is no stakeholder for the final 5% for defect claim. If the vendor, after receiving the final payment does not complete the defect rectification, we have no avenue for remedy other than futile legal action.
4. I have worked with Ms Theres Kok of DAP, MPSJ and Syabas to get the separate water meter for every unit. We have to pay the individual Syabas and TNB deposits. But why are we required to pay for BULK Water deposit of RM300 each? I have met up with the Manager, Mr. Gan and the marketing staff, Mr. Chew, to protest. The management will meet next week to discuss. We should not pay this amount. The bulk water deposit should be paid by the maintenance company.
5. If the vendor refuse to offset LAD with this 10% final payment and the waive the collection of bulk water deposit, we have to accept the risk of no LAD claim and non recoverable deposit of RM300.00. If buyers refuse to pay, the vendor may withhold the hand over, but we can collectively go to the court to get a court order to hand over the unit to us.
Another issue is the maintenance fees and the maintenance company. The committee should be consulted first on the appoinment of the maintenance company and the fees to be charged.
I appeal to all the committee members to take up the issues with the vendor.
We hope that goodwill will prevail and all parties' demands can be settled amicably.