Water Meter Issue and Slow Defect Rectification

Any meeting among a group of peoples to resolve problems should be done in an open,  sincere and practical manner. It is highly disgusting to have one party who is learned and in the know to mislead other parties.

This instance occurred during a meeting with Sentosa Restu (TALAM) senior managers on the issue of individual water meter for all units. The Senior Manager of Sentosa Restu (TALAM) specifically told me that individual water meter is not permitted for serviced apartment. BULLSHIT. 

I have the letter from SYABAS to prove him wrong.. SYABAS has also sent me the procedures to migrate to individual water meter. The Management Corporation should handle this.

This issue was deliberated at length with the ex-Senior Manager of Sentosa Restu (TALAM), Mr. Michael Koh, Kinrara ADUN, Majlis Perbandaran Subang Jaya and Syabas. There is no issue of individual water meter for the entire Komplek Suria Kinrara, provided the Joint Management Corporation and all the owners/residents agree to individual water meter.  Why should the apartment owners/residents be compelled to pay water at commercial rate, if SYABAS is prepared to grant separate and individual water meters. On top of this, individual apartment owner in Selangor is eligible for the FREE RM20.00 water per month.

With the BULK meter, you cannot enjoy FREE water and residential rates.

For the information of the Management Corporation, in the event of non payment of water bill or for whatever reasons, the Management Corporation has no legal rights to disconnect the water supply to individual unit. This is the law and there is a legal precedent. The Management Corporation can be sued, if it acted otherwise.

The Management Corporation must take note of this to avoid any litigation. The Management Corporation should also free itself from the burden of billing and collecting water charges and focus on providing good services to the owners/residents. The level of services provided by the Management Corporation need improvement.

Bearing in mind that the owners/residents have every right to boot the Management Corporation out and appoint a new corporation to manage the property.

The second major issue facing the owners/residents is the defect rectification. Lots of promises were made by the Senior Manager of Sentosa Restu(TALAM), but little or very slow action is seen. They are simply dragging their feet. They are passing the buck. As far as the owners/residents are concerned, the responsibilities rest with the developer. FULL STOP. Many owners/residents have moved in and they have to live with the defects and the disruption to their routines, whenever the workman needs to enter their premises.  There is also the problem of owners/residents working and the place is locked during daytime on weekdays. So, is the developer going to carry out rectification work on week-end or at night?  If not, how do you expect the execution of the rectification of defects

This is the first project, out of the many developers that I have encountered, that took such a long time to rectify defects. Usually, defects are rectified between 14 to 30 days of filing complaints. This show how committed is Sentosa Restur(TALAM) in discharging their obligations and their degree of Social Responsibilities.

Resolution of Outstanding Issues with Talam 21 January 2011

Today we have a fruitful meeting with Sentosa Restu (Talam) management. We were very happy that four managers from Sentosa Restu (Talam) turned up for the meeting. Also present were two representatives from MS Elevator (the lift service provider). But there wasn’t any representative from IJM (the main contractor). Neither were there any sub-contractors.

How can a contractor fix this crooked
window frame

The main issues to be addressed and required immediate attention are:-

What kind of plumber can fix such shower head
with the flushing cap stuck 3/4 inches from
the wall?

See the depressions on the plaster.

1. Rectification of defects. Only 25 out of the 300 defect complaints attended to after the lapse of three months. 
2. Resolving the swimming pool problems of pump malfunctioning, algae growth and manhole cover with protruding hooks.
3. Electrical power surge that fused most of the corridor lighting, especially at night when the timer switch turns on.
4. The lift malfunctioning at Block C.
5. Installing air-conditioner compressor units at the non-designated area of the building.

The swimming pool
Is this what they mean by going GREEN?

Mr. Tan Bak Hai, the senior manager of Sentosa Restu (Talam) promised to get his managers to resolve all the above outstanding issues faced by the owners. We hope that he will honour his words.

On the part of the owners, we are working to get the Residents Association registered and start the ball rolling.

Don't show us your laundry.
We have better clothes than you

We also appeal to the owners and tenant to obey the house rules, in order to have a pleasant and liveable environment for everybody in this complex. A couple of owners/tenants are hanging their laundries along the corridor and outside the window. This looks like the low cost public housing scheme. Will the management corporation be very strict on hanging laundry outside the apartment?

The swimming pool was closed for maintenance last week due to greenish water. But the water turned totally green by mid-week. IJM representative and the swimming pool contractor was there to resolve the problem. Today, the pool water is murky and with a notice pasted on the wall “Pool Closed”  Yet, owners/tenants are still swimming in the pool. What is going on?

Air conditioner compressor hanged all over the places.
They don't know where is the designated place for
Air conditioner.

The management office and the security guard must be strict on enforcing house rules. If the management office does not start with the correct footing, this is the beginning of the end of the House Rules.  Otherwise , this place will become lawless or rule-less. Only the uncultured people will live here.

The person who made this manhole cover for the
swimming pool has no concern for the safety
of the pool user.

See how dangerous is this manhole cover.
I almost trip and fall by the protruding hooks.

The electrical power surge is a serious issue. If the contractor does not resolve this with TNB, owners/tenants who suffered losses due to damages to electrical appliances should file claim against the contractor (Damai) and TNB. The in-house chargeman found the voltage of the power supply reaching 253 volts. The standard voltage is 220 to 240 volts.

There are still about one hundred plus recalcitrant owners who refused to sign the supplementary agreement for the car park. The car park was given free of charge to the purchasers, as part of the consideration for waiving the LAD for the period between the S&P completion date and the court sanctioned completion date. We simply do not understand why some of the purchasers are reluctant to sign the supplementary S&P. These purchasers are myopic. They do not see the big picture. Sacrificing the RM250.00 for the supplementary S&P or not getting the Strata Title. Which is more crucial? Just think for a moment.

Sentosa Restu (Talam) not keeping their promise on defect rectification.

What a Shame? Two senior managers from Sentosa Restu (Talam) failed to turn up for a meeting with the Committee on 14 January 2010, to resolve outstanding issues affecting the owners of Suria Kinrara.

We were told to proceed with the meeting and they will join in later. But they did not show up.

One major problem is the contractor is not rectifying the defect complaints filed by the owners. During the last meeting, Sentosa Restu (Talam) promised the committee that all defects will be rectified by the contractor within three weeks. Failing which, Sentosa Restu (Talam) will appoint third parties to do the rectification job. One month has lapsed and nothing is done. Three hundred defect complaints still sitting in the Management corporation’s office.

Sentosa Restu (Talam) promised to give a list of all the owners of Suria Kinrara to facilitate the formation of residents’ association. The list was given to one committee member without any contact number (handphone or email). What can we do with this list?

Therefore, I appeal to all owners to help to gather as many owners whom you know to furnish the e-mail address or handphone number to my e-mail lpyeong66@gmail .com.

Other outstanding issues are:-

Card Access Control Door to be installed here

Another control door to be installed at the other side of the lobby.

1. The automatic car park access control system is installed but not working yet. Access card is not issued to owners.
2. Card access control system to the lift lobby is not install yet. So are the control doors at all lift lobbies. Owners who have contacts for such suppliers may submit quote to the Management corporation. We are looking at competitive bids.  
3. Exit control door to all staircases not installed yet.
4. Swimming pool maintenance is not satisfactory. Water is greenish in colour. That shows filtration system is not working properly. This is still under warranty by the pool contractor. If the contractor is not providing the required level of service, the management corporation should terminate their service after the expiry of warranty. 
5. Corridor lightings are not fully operational. Many light fused. The M & E contractor is giving lot of excuses.

Security is lax at the complex, especially for the apartment units. We appeal to all owners and tenants to take caution and keep an eye on uninvited “visitors” and also some tenants of African nationalities loitering around the complex. We deplore these desperate owners who let their premises to these unwelcome African. Most of these African are suspicious in nature and loitering around the complex. We just don’t know what are they up to.

Preferably, we should not have any African national living in this complex. We hope all owners will co-operate. The presence of these African is causing uneasiness amongst other owners and tenants. Hope those who let out their premise can be more sensitive to other owners and tenants. Their presence will also affect the value of the property and the rental rates.

Is Sentosa Restu a reliable property developer?

Is Sentosa Restu (M) Sdn. Bhd. (a subsidiary of Talam Group) a reliable property developer?  I am having doubts now.  The Selangor state government has recently announced the re-purchase of some of theTalam’s land bank, due to non-payment of debts to the government. How can a PLC  having debts due to a government (Selangor was under BN then) for so long?  Again, there is something amiss. Your guess is as good as mine.

Talam group, specifically Sentosa Restu (M) Sdn. Bhd, the developer of Suria Kinrara Commercial Centre and Komplek Suria Kinrara appeared in the news again for the wrong reason. This time is regarding the issue with SYABAS on the disconnection of water supply to Suria Kinrara Commercial Centre (the commercial project next to Komplek Suria Kinrara). See the picture ==>

       

What amazed me is the issue of bulk water meter and non-payment of maintenance fees. First issue is why should there be a bulk water meter, when all the property owners have already migrated to individual water meter installed by  SYABAS? Second issue is why should there be maintenance fees for the shop/office lots. There is no common property in the project. Majlis Perbandaran Subang Jaya should have taken over the responsibility for street lighting. Public road maintenance and garbage collection, once the CF is issued and assessment raised on individual owners. The owner should pay the municipal tax and not the maintenance fees. What is going on?  There are some missing connections somewhere. Can Sentosa Restu officers clarify on these issues?

Hopefully, the same issues do not recur in our Komplek Suria Kinrara. We have to form the  Residents Association and the JMB quickly. I have lost confident in the management of Talam and Sentosa Restu.

See the news clip from Star

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Saturday December 11, 2010

Syabas reconnects bulk meter after payment by developer

By EDWARD R. HENRY 
edward@thestar.com.my

WATER supply to 80 business operators at the Kinrara Commercial Centre in Taman Kinrara Section 3, Puchong, was restored after three days when the developer paid an initial deposit of RM20,000 to Syarikat Bekalan Air Selangor (Syabas) yesterday.

Syabas disconnected the bulk meter to restaurauts, laundry outlets, air-conditioner shops after the developer, Sentosa Restu Sdn Bhd, a subsidiary of Talam Corporation Berhad, failed to settle RM119,510 in bills.

Talam Corporation senior vice-president I Tan Bak Hai said the action to disconnect water supply to the business premises was harsh.

“We understand that there has been unpaid water bills but this is linked to certain matters with the Joint Maintenance Body (JMB) that was formed in 2008 but later disbanded.

“No maintenance fees is being collected except for the quit rent,” he said after meeting the operators at Kinrara assemblyman Teresa Kok’s service centre in Taman Kinrara.

Tan said they made an initial payment of RM20,000 to Syabas to reconnect the bulk meter with the balance to be paid in instalments.

Air-conditioner outlet operator Kuan Hong Chan, 38, claimed he did not receive any notice on the supply disconnection.

“It is unfair as in 2008, we had migrated from the bulk meter to individual meters. Most of us with the individual meters make good our payments and should not be penalised if Syabas is not able to account for the non-revenue water,” he said.

Kuan added that the bulk meter should be dismantled as business owners had been given individual ones.

“We can’t go on footing the difference between the total amount of water used at the premises and the recorded figure on the bulk meter.

Water leakages are outside the shops and this non-revenue water charges must not be plastered on us,” he said.

Restaurateur Prem Mohan, 40, said he found it hard to operate his business without water.

“We are prompt with our payments and Syabas should not penalise us but resolve the matter with the developer.

“It is absurd and unethical for Syabas to get its non-revenue water dues by shutting the taps of businesses after collecting payment for the individual meters,” he said.

Kok urged the business operators to re-establish the JMB to ensure no other problems would occur.

“It would be good to have the JMB as the owners would be able to resolve issues regarding utilities and even the garbage collection in the area,” she said.

Komplek Suria Kinrara Update

This whole complex is still not ready for occupation. No electricity is connected to the individual unit of apartments and shops yet. The question is how MPSJ can issue the Certificate of Fitness for Occupation at this juncture. It is also morally wrong for the vendor to hand over the property to purchasers without full completion.

The purchasers’ committee met with the management of the vendor and the maintenance company on 26 November 2010 to resolve some of the issues.

1.      Maintenance fees.

The maintenance company started collecting maintenance fees from October 2010 when no services are provided. Subsequent to the complaints and protest from the purchasers, the maintenance company has agreed to temporary waived the maintenance fees for the months of October to December 2010 but purchasers have to pay a reduced amount of security fees of RM50 per month for the same period. For purchasers who had already paid the full maintenance fees, the amount will be credited and used to offset January to March 2011 fees.

The new maintenance fees effective from 1 January 2011 shall be reduced to RM130 per month. This works out to 15 sen per sq. foot, plus sinking fund and garbage collection fees.

2. Perimeter fencing will be retained for safety reason. All gates will be opened when  a shop is opened for business.
3. Residents Association is to be formed as soon as possible. The management of Sentosa Restu (M) Sdn. Bhd is to provide the full list of all purchasers to enable the pro-tem committee to call for meeting and draft the constitution.
4. Security facilties  - car park card access system is in place but the lift lobby and stair case control facilities are not installed yet.  The Card access system to the lift lobby will be installed by the management company. One- way fire exit doors will also be installed at the ground level of all staircases.
5. Lifts to all the blocks will be in service by 1 December 2010. There will be one lift at each lobby operating by then.
6. Water supply is now connected to all units.
7. Electricity supply will be connected to all units by 15 December 2010.
8. Bulk water deposit must be paid by all purchasers. The deposit receipt will be transferred to the Joint Management Board. The deposit is refundable.
9. Defect rectification will be completed within 2 weeks from notice of defects after inspection.
10. No transfer fees levy on purchasers selling the property.
11. Renovation is permitted with the approval of the maintenance company and payment of a deposit of RM1,000. Purchasers are not obligated to use the appointed renovation contractors. Fixing of security grilles and lighting is not classified as renovation and no deposit is required but approval is required from the maintenance company.
12. LAD issue is not resolved. The vendor has no means to pay now. Purchasers should compromise and defer the LAD claim without surrendering your rights to the LAD. Agreed to defer claim but NOT WAIVE the CLAIM. To enable the vendor to proceed with the strata title application, all purchasers should compromise and refrain from any legal action. Legal action at this point in time could jeopardise the strata title issuance.

If there are other issues which purchasers want to highlight for resolution with the vendor, you are welcome to post them on this blog under the “:COMMENT”.

I will bring them to the attention of the committee.

I appeal to all purchasers to co-operate with one another and observe the house rules. Security is the responsibility of every resident. You cannot depend entirely on the guards. We can jointly make Komplek Suria Kinrara a safe and nice place to work (for the business) and live.

Is it ready or not ready for hand over?

The good news of this project is that IJM Construction did a good job by finishing this abandoned project. IJM should also be commended for the fairly good interior finishing, as compared with apartment projects built by other contractors. Of course, there are still defects. But these defects are minor and easily rectifiable. See some of the pictures on the defects.

  

Three weeks has lapsed since the letter of hand over was issued by the vendor. About 50% of the purchasers have taken possession of their units. But can they move in?

Lifts are not fully functioning, swimming pool full of algae not usable, apartment car park access control system not in place. Perimeter chain link fencing still locked, restricting purchasers' access to the premises. Only two guards on duty and no access permitted at the time of visit.

Is this called final completion and ready for handover? The Architect of this project should be taken to task and reported to PAM (Pertubuhan Akitek Malaysia).

On top of this, the Management company appointed by the vendor started to collect maintenance fees for the month of October 2010. Is this legitimate and fair to the purchasers? What services are they providing?

All purchaser should demand that no maintenance fees is payable until full services are in place. Purchasers should also demand that the vendor ensure that the premises is habitable before hand over.

See this panoramic view from level 7 Block D

Issues on Hand over of the Suria Kinrara property.

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.