Are You getting your Strata Title?

Under the Sale & Purchase Agreement (S&P) signed between purchaser of Complex Suria Kinrara and Sentosa Restu (M) Sdn. Bhd. , the developer is obligated to deliver the parcel of land, on which Complex Suria Kinrara is sited, free from encumberances.

Preamble condition No. 2 of the S&P stated “ The said Land is not charged to any licenced bank or financial institution or such other body or authority”.

Page 2 of the S&P under the agreed terms and condition No 1. Agreement to Sell – “The Vendor hereby agrees to sell and the Purchaser agrees to purchase the said Parcel with vacant possession and free from all encumbrances but subject to such condition and restriction expressed or implied in the separate document of strata title to the Parcel when issued upon the terms and condition herein contained.”

Page 2 of Sale & Purchase Agreement.

This S&P was prepared by legal firm Mssr. Wong-Cheng Kiat-Loh, Advocates & Solicitors

The master title from the developer clearly shown the Land is not free from encumbrances. There is still a  Charge by Abrar Discounts Bhd, 24^th Floor, Menara Multi Purpose, No 8 Jalan Munshi Abdullah, 50100 Kuala Lumpur.

Didn’t the developer committed a breach of the S&P terms with the purchaser?

The developer has also committed an offence under the Strata Title Act 1985 –Act 318 , (Amendment enforced from 12 April 2007). 

The developer  has failed to submit application for Strata Title six (6) months from the date  of the enforcement, as stipulated under this amended Act. The S&P was signed in 2004 before the amended Act came in force.

According to reliable source, the developer will only submit application for Strata Title after the JMB is formed. And when will the JMB be formed?  That is a BIG Question mark ???

STRATA TITLES ACT 1985
ACT 318
(Amendment enforced from 12 April 2007) is appended for your easy reference

PART II - APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building or land

(1) The proprietor of any alienated land on which there is a completed building capable of being subdivided under section 6 shall, within the period specified in subsection (2), apply in accordance with section 10 for the subdivision of the building if at any time he has sold or agreed to sell any parcel in such building to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case of a building completed on a date after the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from that date of the sale or agreement or the first of such sales or agreements;

Is the Ministry of Housing and  Local Government (the Ministry) going to initial action against the developer to protect the interest of the purchasers?  Is the Selangor Land office (Land Administrator) taking action against such developer?

If the Ministry and Land Office is not enforcing the law, what is the RA going to do  on behalf of the purchasers?

Formation of JMB

After a reminder letter from MPSJ requesting the developer  to call a meeting to form the Joint Management Board (JMB), Sentosa Restu responded by pacifying the Authority and informed that a JMB formation meeting will be called in January 2012.

Letter from Sentosa Restu to MPSJ on the formation of JMB

Based on my reliable sources of information, the JMB meeting is unlikely to take place. FFMS Suria Kinrara is unable to complete the accounts for the first 12 months, get them audited and present the accounts to the developer, MPSJ and the owners. FFMS has managed Komplek Suria Kinrara for more than one year.  I smell fishiness on the accountability of all the collections by FFMS. 

The risk is that a large portion of the payment by owners are made in cash. This give the management staff plenty of opportunities to misappropriate.  The clamping fees collection, the car park rental are just two items easily pocketed.  The Resident Association has requested for the accounts but the request was turned down.  This just shows how arrogant the Management company is. Once the JMB is formed, they would be hounded like a criminal without forgiveness or mercy.  FFMS and their directors are responsible for this. If needed to, FFMS would be slapped with court action.

The RA request all owners of Suria Kinrara to co-operate and understand the need of each other.  Please help to disseminate this piece of information to those without access to blogs and e-mail. Also, please convey the message to those less fortunate owners who are unable to read English.

When the JMB meeting is called, please be present and elect responsible people to helm the JMB. 

Some Uncivilised Residents

This owner placed all the renovation materials along
the corridor. He thinks it is his right to do so.
This is not his property. This is @ Block D - Unit D-8-03, Owner Lee Kian Hock.

It is really depressing to see so many sick and incivilised people living in Komplek Suria Kinrara. Sometimes, my effort to make this a pleasant and preferred place for abode is seem in vain. I have help to resolve so many issues with the developer, Authority(MPSJ) and the Management company only to find some owners and tenants  behaving irresponsibly.  Irrespective of whether they are tenants or owners, some residents of Suria Kinrara do not respect the usage of Common properties or respect their  neighbours. Some owners do renovation work beyond the permitted hours. Some cause nuisance to their neighbours by making noises at odd hours.

Is this somebody's storage area? @ Level 1,
above the lift lobby.

Besides the Africans, some local Malaysians do not behave like civilized people. They obstructed the corridor, kept  pets, playing loud music, vandalized lift, swimming pool toilets and painted advertisement on the wall or scribbled on the wall.

Where do they  came from?  Are they from the undeveloped countries or from the jungle.

This toilet @ the swimming pool.
The seat & cover is broken and not replaced

The Common properties such as lifts, corridors and lift lobby, playground, driveway  and street light in the complex, fire fighting system, control room, swimming pool and toilets are all common properties belonging to every owner of Suria Kinrara. Common properties are not owned by the Developer or Management company but You and Me.

Shower room @swimming pool. This is so dirty and
floor trap damaged.

If owners cannot respect  common properties, they should not be part of this community.  If the tenants are misbehaving, they should be evicted without hesitation.

Part of this problem is due to poor policing by Management company, FFMS Suria Kinrara and bad house rules or no house rules.

We need all owners and tenants to co-operate and behave themselves.  With the JMB formed later, recalcitrant owners  and tenants will be dealt with more effectively. Hope the JMB do not have to resort to such action.

We have another big problem with Developer on the Strata Title. Watch out for my next posting.

Does this Developer has any Integrity left?

Is it so difficult for Sentosa Restu (M) Sdn. Bhd. (Trinity Bhd formerly known as Talam) to call a meeting of all the owners/buyer of Suria Kinrara to form a JMB?

The Joint Management Board (JMB) is the proper body recognised under the law to manage common property such as apartment, condominium and shopping complex with multiple owners. These classes of common property are to be jointly managed by the owners with one representative from the developer.

The law is very clear and straight forward.  The Building and Common Property (Maintenance & Management) Act 2007 –Act663 is not a complex piece of statute law. Yet the developer has chosen to ignore this and taking the risk of penalty under this law, including imprisonment.

This just proved further the kind of developer and their respect for the rights of the purchasers/owners and the law of the country. Is there any integrity left in them?

The Commissioner of Building had sent a letter to the developer on 31 October 2011. A reminder was sent on 15 November 2011. Up to the date of this posting, there is still no response from the developer.

All owners must stand up and fight for your rights. The developer cannot continue to manage Komplek Suria Kinrara with this unsatisfactory state.

9 Owners Obtained Consent Judgement for LAD

Nine  owners of Suria Kinrara attended the Housing Tribunal Hearing on the 8 November 2011. The legal manager of TRINITY (formerly known as TALAM) negotiated with the claimants and arrived at the compromised arrangement.  A Consent Judgement was granted by the Tribunal.  The written consent judgement was issued to each and every claimant and to be served on Sentosa Restu (M) Sdn. Bhd.at 22nd floor, Menara Maxisegar, Pandan Indah.

Consent Judgement by courtesy of Housing Tribunal,
Kementerian Perumahan dan Kerajaan Tempatan.

This is a legal and enforceable order, just like a Court Order.

The Housing Tribunal has shifted its office to Putrajaya. Only the old claims filed at Pusat Bandar Damansara  office will be heard here.  All new claims, if still accepted by the Tribunal, will have to be filed at Putrajaya office.

Tribunal Hearing for LAD Claim

Owners who have submitted claim for LAD to the Housing Tribunal should have received notice of hearing on 8 November 2011(Tuesday).  The hearing  is scheduled at 9.00 am at the Tribunal office located at Level  4,  Block B Selatan, Pusat Bandar Damansara, 50782 Kuala Lumpur.

This is the Notice from the Housing Tribunal.

This is the second group to receive notice to attend hearing at the Tribunal. The first group’s hearing was in October 2011.

Only those who have submitted claim and received the Notice shall attend. Please remember to bring the following documents:-

1.      1. Original Sale and Purchase Agreement (S&P).

2.      2. Claim document submitted to the Tribunal.

3.       3.Original letter from Sentosa Restu (M) Sdn. Bhd. dated 11 October 2010 on hand over of vacant possession.

4.       4. Letter of request for final payment and receipt.

5.       5. Letter authorise to release keys from the site office.

6.       6. Any other document related to LAD that you have submitted to the developer.

The Tribunal is like a Court.  Please dress  appropriately.  No lawyer is allowed in the hearing.  If you notice any lawyer present, please inform the Tribunal accordingly.  Bahasa Malaysia or English is generally use in the hearing.  If you cannot speak any of these languages,  please get the help of a translator.

After the hearing, if granted the LAD claim, an  Order will be issued by the Tribunal to the developer to pay. This is a binding and enforceable order, just like a Court Order (Perintah Mahkamah)

A "LITTLE INDIA OF PUCHONG"

Komplek Suria Kinrara became “Little India of Puchong”.  This was proclaimed by one banner put up by a shop keeper. Who has the authority to do this? 

This shop is the main culprit. Blasting his Indian music at top volume. 

This stand alone stall at the far end of Block B.

 Residents Association (RA)did not endorse this. The Deepavali Bazaar was proposed by an Indian shop and supported by the Management company, Mr. Vicky and Bala. The RA did set strict conditions, but the management went ahead despite not having the  full  compliance to the conditions.  This irritated many owners and residents. Loud Indian music blasting the entire complex disturbing the peace of the residents. It was so loud that it can rupture the ear drum, if one goes near.

Rubbish was strewn everywhere on the road and the playground. A fight broke out between resident and bazaar operator.

This is how FFMS (Fadzilah & Fikri Management company) manage this place. You see for yourselves and be the judge.

Soon, the Christains will demand Christmas Bazaar, Chinese would want a Chinese New Year  market  and the Muslim would set up a  Ramandan Bazaar and Pasar Tani.  Finally, somebody will want a Pasar Malam once a week.   Hey!  Komplek Suria Kinrara is mainly a residential complex with 115 shops only, compared to 1016 apartment units.

Is the management  company allowing  this bazaar just for the sake of a few ringgit?  Would the owners and residents want this? 

And where did all the miscellaneous income gone to?  No account is shown to RA committee member, inspite of the request made.

Do they think that this is DBKL flats or PPR?

In addition, the management company is talking to a telecommunication company to install equipment on roof top.  RA committee has unanimously rejected the request.  Owners should be alert to ensure that no telecommunication tower or equipment is installed on the roof top of Komplek Suria Kinrara.  This is a health hazard to all residents.

Let have some order and control over the complex. Owners of Komplek Suria Kinrara must stand up and face the reality. You invested and own this place, not the management company.

If FFMS cannot manage properly, please ask them to give up gracefully, and let other more capable company to manage our property.

All owners must come forward and take control.  When the JMB meeting is called, ensure your presence to appoint responsible members to the JMB.


The SUCCESS or FAILURE of this complex is in your hand. It can become a nice CONDOS or TURN INTO A SLUM.

Who is Managing Komplek Suria Kinrara?

This bus is parked at the end of Block D,
next to TNB substation.
Occupied Motorcycle parking bays.
Who permit this?

Wow!  Bus can park at the motorcycle parking  bays in Komplek Suria Kinrara.  Later, trailers and lorries will come in as well. 

Restaurant operators can set up open kitchen at the back lane of the shops designated for loading and unloading. They put tables and chairs plus cooking stoves encroaching the lane, making it impassable to traffic.

Wow! This is your own private kitchen?
This lane is common property for loading
and unloading of goods for the shops.

Why did FFMS (management company of Komplek Suria Kinrara) allowed this?  During the RA meeting on 8 October 2011, the new manager, Mr. Bala, has the cheek to inform the 
committee that these are beyond their control. What kind of management company and manager is Suria Kinrara having?


  A property manager can say that he has no control over the common property. He opened his mouth like a lorry exhaust pipe. Do the owners of Suria Kinrara want this kind of manager?  You decide for the future of your property investment in Suria Kinrara.

This shop thinks he owns the road shoulder,
planted with shrubs and green. Who gave him
the right to do this?  Management company
said shop owner RA gave permission. Who?
This is common property. Nobody can touch.
Management company is liable to restore
this place/

The whole Komplek Suria Kinrara is under one master title H.S. (D) 243823 PT 948 Pekan Puchong Jaya, Daerah Petaling. This title will not and cannot be sub-divided. The shop and apartment owners will only get a Strata title later. The whole plot of land is private property. This whole complex cannot be surrendered to the local government, MPSJ. 


MPSJ has no jurisdiction over the complex,  except for policing, business licensing, health and environmental control. The management company is responsible for control, repairs and maintenance of all roads, street lighting, drainage and upkeep of the environment. Yet, Mr. Bala (manager) can open his mouth to the RA committee and said it is not under his control. 

The security service company has been proven to be a total failure in Suria Kinrara. The RA committee has decided to replace them. The management company immediately informed the security company and the guards were withdraw on Monday. Owners please beware.  The management company shall be held liable to the owners.

Joint Management Body & Strata Title

When is the Residents Association of Suria Kinrara forming the Joint Management Body(JMB)? According to the Building and Common Property(Maintenance and Management) Act 2007, the developer (Sentosa Restu) and the purchasers must form the Joint Management Body within twelve (12) month from the date of hand over of the vacant possession. The official handover date is 11 October 2010. Therefore, the JMB should be formed by the 11 October 2011. This is less than two months away.

At this point in time, the status of both JMB and the Residents Association(RA) is still not clear. Purchasers have a duty to ensure legal compliance and have the rights to question the developer, as well as the protem office bearer of the RA.

The relevant section of the law is appended below:-

Building and Common Property
(Maintenance and Management) Act 2007
Act 663

Part III – Management of Building or Land Intended for Subdivision Into Parcels 4. Establishment of a Joint Management Body

(1) Where a building or land intended for subdivision into parcels has been completed –

	(a) before the commencement of this Act and vacant possession of the parcels has been delivered by the developer to purchasers but the management corporation has not come into existence, a Joint Management Body shall be established consisting of the developer and the purchasers upon the convening of the first meeting not later than twelve months from the commencement of this Act; and
	(b) on or after the commencement of this Act, a Joint Management Body shall be established consisting of the developer and the purchasers upon the convening of the first meeting not later than twelve months from the date of delivery of vacant possession of the parcels to the purchasers.

The strata title is another issue not addressed accordingly.  The developer is duty bound to submit application for Strata Title six (6) months after the handover of vacant possession. According to reliable source, this is not done yet.

STRATA TITLES ACT 1985
ACT 318
(Amendment enforced from 12 April 2007)

PART II - APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building or land

(1) The proprietor of any alienated land on which there is a completed building capable of being subdivided under section 6 shall, within the period specified in subsection (2), apply in accordance with section 10 for the subdivision of the building if at any time he has sold or agreed to sell any parcel in such building to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case of a building completed on a date after the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from that date of the sale or agreement or the first of such sales or agreements;

Hence, the directors of Sentosa Restu (Talam, now called TRINITY) have committed offences under the Act. Is the Ministry of Housing and  Local Government (the Ministry)  going to initiate action against the developer to protect the interest of the purchasers?

If the Ministry is not acting, is the RA going to act on behalf of the purchasers?

Sentosa Restu (M) Sdn. Bhd. still has about fifty(50) units of the apartments unsold. They have appointed an agent, KIM Realty, to sell the units. All prospective buyers should demand strata title before signing the S&P to purchase any of the unsold units. Don't be a victim of Talam's tactics.

Quit Rent and Assessment

What is Quit Rent? This is a government tax on the land you owned or building sitting on the land you occupied. This is a feudal land tax system inherited from the British. Basically, it is a rent paid to the government for the use of the land. That is the reason it is called QUIT RENT.

Assessment is a local government(Municipal) tax on each and every household. Each house has one door, so in the Malaysian context is called DOOR TAX (Cukai Pintu). This is a tax imposed by the local (municipal) government, such as DBKL, MBPJ, MBSJ, MPAJ, MPSA. The tax is collected for the provision of services like garbage collection, street lighting, drainage, road and landscape maintenance, sewage, health and environment control. 


On top of this, the business operators have to pay a long list of licence fees to the Municipal government.Some business has up to twenty (20) licences to pay. So, the saying goes, "Malaysian local governments are blood suckers".

Quit Rent is tax by the State government. This is billed yearly and must be paid before the end of May of each year.

The Assessment is billed by the respective Municipal government of the areas. The tax is billed semi-annually. The first half year bill must be paid before the 28 February and the second half year bill is due before the 31 August. 

Penalty is imposed by both the state and municipal government for late payment of Quit Rent and Assessment.

The collective Quit Rent for Suria Kinrara is computed by Sentosa Restu in the attachment below.

This is the bill for the whole Komplek Suria Kinrara

This is share among all the owners based on the area of your unit.

This computation of Quit Rent and Assessment apportionment is done by Mr. Gan of Sentosa Restu. Not very perfect but acceptable.  Final figure looks reasonable.

This is the MPSJ bill for January to June 2011

The management company, FFMS, has billed every owner the Quit Rent amount correctly. But the Assessment for 2011, FFMS has billed owners for the full year, while MPSJ has only billed for first half year.

FFMS has no authority to bill the owners for the full year Assessment, when MPSJ bill every six month. Moreover, for the second half year from July to December 2011, MPSJ will bill each and every owner individually  Just wait for their bill to come, pending review of owners' protest.

So, the Assessmment billed by FFMS should be RM34.00 and NOT RM68.00. Please ensure that the management company credit back the RM34.00 to your account.

Another reminder to owners, FFMS has wrongfully bill the owners for RM60.00 for the car park access card. They have no right to collect this sum. This car park access card system is sanctioned by the Court, to be provided to owners in lieu of the LAD forgone earlier.


The assessment and the car park access card was charged to your account in April 2011 and offset against your first maintenance payment of RM580.00, upon your collection of the keys.

Air Conditioner Compressor Fiasco

A Killer Weapon hanging over your Head,  Owners living in constant risk.

The issue of owners of Komplek Suria Kinrara installing air conditioner compressor outside their windows was discussed during the recent RA committee meeting, on the Facebook and email.

This whole problem should be shouldered by the management company, FFMS, for the poor enforcement of house rules and supervision of the owner/contractor installing the air conditioner. All the air conditioner units were moved into the apartment units through the lifts and was fully visible to the guards. So, there is no acceptable excuse from the management company claiming they are not aware or unable to control air conditioner contractors.

See how ugly is this sight. Piping not concealed

I am very sad to note the many apartment owners and tenants are ignorant or indifferent to the conditions of living in an  apartment or condos. These selfishness and indifference attitude is also prevailing in high end condos. The mutual respects for each and every owner/tenant must prevail at all time.

Many owners fixed the air cond compressor hanging outside their windows are taking great risk.  They are probably not aware of the risk .

If any of these air cond compressors injure anybody or damage any property, whether during servicing, refilling gas or the compressor fall down, the owners and the tenants can be sued by the injured parties.

For safety and aesthetic reasons, all apartments/condo have a designated place(concrete slabs) for air cond compressor. In Komplek Suria Kinrara, this concrete slab is located outside the yard area.

There are already many lawsuits. 

If peoples are killed or injured, expensive cars damaged or other properties damaged, you may not be able to pay the claim, even by selling your apartments. Unless you have taken a public liability all risks insurance for your apartment, you are at constant risk.

We are living in a community with common properties and everybody owes a duty of care to your neighbours. The Legal term for neighbour is not your immediate neighbour. It means everybody in the community.

Owners and tenants living in apartment and condos, must know the Law of Torts and the statutory laws relating to Building and Common properties.

Housing Tribunal Check list

Talam Corporation Bhd (TALAM), the parent company of Sentosa Restu Sdn. Bhd., has obtained approval from Registrar of Companies (CCM) to change its name to TRINITY. What a name to change to. What is the purpose?

Sentosa Restu Sdn. Bhd is the developer of Komplek Suria Kinrara. We are fortunate to have IJM to assist the owners in completing the project. As owners of Komplek Suria Kinrara we owe our gratitude to IJM, Deloitte Consulting and Mr. Michael Koh (ex-senior manager of Sentosa Restu) for their roles in facilitating the completion of this project.

According to the SUN news report on 30 June 2011, Talam still has many abandoned housing projects. See the news clip below (courtesy of The Sun newspaper)

Owners of Komplek Suria Kinrara who want to claim LAD but yet to submit the claims,  please do so before the expiry of twelve (12) months from handover date. The official handover date is 8 October 2010. All claims to the Housing Tribunal must be submitted before the 8 October 2011.  A brochure and checklist from the Housing Tribunal, Ministry of Housing and Local Government is appended below for your reference. 

For more information on LAD claim submission, please log in to the housing tribunal website at:

http://www.kpkt.gov.my/kpkt_en/main.php?Content=sections&SubSectionID=45&SectionID=4&CurLocation=4.




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MPSJ Assessment (Cukai Pintu) Valuation Protest

16 June 2011 is the last day for your objection to the MPSJ assessment valuation. All owners should submit your objection in writing to the Yang Dipertua Majlis Perbandaran Subang Jaya(MPSJ). Should you accept the valuation, your annual assessment(Cukai Pintu) will not be reviewed for a long time to come.  In order to facilitate your objection,  a sample of the letter is attached. You are given the permission to copy from the blog, paste to your MS Word and edit the details highlighted in yellow.

Tarikh: 8 June 2011

Majlis Perbandaran Subang Jaya,

(Jabatan Penilaian Dan Pengurusan Harta),

Persiaran Perpaduan USJ 5.

47610 Subang Jaya,

Selangor Darul Ehsan.

U/P: Yang Dipertua MPSJ

Tuan,

Bantahan Penilaian Harta Di D-8-05 Blok D, Komplek Suria Kinrara, Persiaran Kinrara Sek 3,

47100 Puchong, Selangor Darul Ehsan.

No. Notis:2011/1/0020016

NO. akaun: 0501020080337800

No. Rujukan: PC06900316800

Jenis Penilaian: Bangunan – Aparmen Kos Sederhana.

Merujuk kepada notis penilaian tuan bertarikh 31 Mei 2011 berkenaan harta tersebut diatas, saya tidak puashati dengan penilaian yang telah ditaksir oleh pihak MPSJ. Dengan surat ini, saya membantah penilaian atas sebab-sebab berikut:-

1.       Aparmen ini ada lah bangunan kos sederhana dan pemilik terpaksa bayar fi tambahan tiap tiap bulan kepada pengurus harta.

2.       Pihak MPSJ tidak beri hidmat penuh kepada pemilik dan penduduk di Komplek Suria Kinrara, di bandingkan dengan pemilik  pemilik rumah teres dan rumah pangsa biasa.

A) Kami kena bayar RM10.00 sebulan untuk pungutan sampah dari blok blok ke rumah sampah(Central refuge).

B) Kami kena bayar letrik untuk lampu jalan di kawasan Komplek Suria Kinrara.

c) Kami upah pekerja sendiri untuk memotong remput dan bersihkan longkang  di kawasan Komplek Suria Kinrara.

D) Kami pasang papan tanda jalan dan baiki jalan jalan di kawasan Komplek dengan wang pemilik pemilik.

Saya merayu kepada pihak MPSJ supaya kaji semula penilaian dengan nilai yang berpatutan dan tidak membebankan pemilik dan penduduk , kebanyakan nya dari golongan orang orang berpendapatan rendah.

Sebarang pertimbangan diberi atas rayuan saya amatlah dihargai.

Sekian.

Yang benar,

Name Anda(Pemilik)

Alamat Surat Menyurat:

You have only a few days  left. So, submit your objection immediately to MPSJ via registered post or hand deliver the objection and get acknowledgement of your letter.