Claim your LAD now before it is too LATE.

Sentosa Restu (M) Sdn. Bhd (TALAM Group) is leaving a host of problems for the owners and residents of Komplek Suria Kinrara.

Talam, a public company under PN17 and IJM Construction (parent company IJM is also public listed), the main contractor for the project revival,  did a good job in completing the project.  Although the project was delayed by 1½ years from the court sanctioned completion date, IJM Construction delivered the project with fairly good  finishing.  There are defects in individual units but mostly internal  defects, and they are minor in nature. The major defects are found in the common property.

The two swimming pools were encountering filtration system problems for a couple of months. Now, they look alright.

The biggest problem is with the electrical contractor, DAMAI ELECTRICAL ENGINEERING SDN BHD No,31 LORONG BUNGA MELATI 2A,TAMAN MAJU JAYA,68000 AMPANG, SELANGOR.

This sub-contractor is giving  endless problems with all the corridor lighting. Even the internal wiring were badly done. Many owners engaged their own wireman to rectify the wiring system. They simply cannot wait for the irresponsible Damai Electrical workmen. Why is Sentosa Restu not taking action against Damai Electric? Up to this point of writing this post, the corridor and compound lighting are still out.

The lifts failed frequently. They are still under warranty, Why is Sentosa Restu not taking any action against the lift supplier?

The Automatic car park access system is one of the considerations given to purchasers, approved and sanctioned by the court. This system is deliverable upon hand over of vacant possession. The system is still not operational until today. Isn’t this a clear contempt of court order?

According to the Sale and Purchase Agreement, the Fourth Schedule Specifications, all doors are plywood flush doors. But the internal doors for all your rooms and toilets are cardboard doors. This is a deviation from the agreed specifications  and amounting to cheating  the purchasers.  Who is responsible for this? Sentosa Restu or Contramec?

CF (Certificate of Fitness for Occupation) was issued by Majlis Perbandaran Subang Jaya (MPSJ)on the 8 October 2010. But the management company has to engage private garbage contractor to dispose garbage from the complex. Why is the residents’ money being used to dispose garbage and at the same time assessment is collected from the owners?  Sentosa Restu is negligent in submitting the required documents to MPSJ to effect the full services from MPSJ. Right?

What is your perception of Talam, Sentosa Restu and IJM, as a housing developer and contractor for housing project?  You can form your own perception and opinion of them.

According to Clause 22.4 of the Sale & Purchase Agreement for Suria Kinrara, Sentosa Restu  covenanted and agreed to pay Liquidated and Ascertained Damage (LAD) to all purchasers  at 10% per annum  for any delay in delivering the vacant possession. Upon full  payment of the purchase price, Sentosa Restu is still not paying the LAD.  Six month has lapsed since the delivery of vacant possession and there is still no news on the LAD. 

According to the Housing Ministry Housing Tribunal's regulation,  all LAD must be claim within stipulated time frame:-

Jurisdiction of Housing Tribunal,
The Tribunal may hear claims from buyers on condition that:
a) A claim is filed no later than 12 months from the date of:-

i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or
ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement.

Details of Housing Tribunal is appended below:

Top of Form Bottom of Form ·          Newspaper Cutting ·          Speeches ·          Publications ·          Media Programme o    Press Release  Licensing Tribunal For Homebuyer Claims Housing Loan Scheme Housing Legal Clinic Prosecuted&Fined Developers Inquiries & Complaints Recycle Guestbook Visitor: Public Visitor: Private Visitor: Government Visitor: MHLG  Licensing Housing And You Landscape Local Authorities Department Of Town&Country Planning Solid Waste And Public Cleansing Management What Is RSS? Do you agree with the proposal that people who borrow money from loans sharks should be prosecuted?  Agree  Not Agree View Past Polls                             Tribunal for Homebuyer Claims 1. Objective The Tribunal for Homebuyer Claims provides an easier, cheaper and faster means of dispute resolution for homebuyers claiming compensation/damages from housing developers. 2. Jurisdiction The Tribunal may hear claims from buyers on condition that: a) A claim is filed no later than 12 months from the date of i) issue of the Certificate of Fitness for Occupation (CFO) of the property; or ii) the expiry date of the defect liability period as set out in the Sales and Purchase Agreement. b) The Sales and Purchase Agreement involves housing accommodation built in a residential area. c) Each claim does not exceed RM50,000 per cause of action unless i) the claimant agrees to forgo the balance of the claim; or ii) the acquiescence of the developer is obtained in writing for the matter to be heard at the Tribunal. d) Sales and Purchase Agreements signed before 1 December 2002 can also be considered provided: i) the claims fulfil the criteria stated above; 3. Filing and Registration Procedure The claimant may lodge his claim with the Tribunal in Form 1 (4 copies), enclosing his statement of claim and a fee of RM10. If there are two (2) names in the Sales and Purchase Agreement, both parties must put down their names, IC numbers and signatures in the claim form (Form 1). Both parties must attend the hearing, or if they are unable to attend, issue a letter authorising a representative to act on their behalf. Once Form 1 has been filed, the claimant must personally serve a copy on the developer either by hand (receipt must be acknowledged) or by AR registered mail. The developer may file his defence or counter-claim in Form 2 (4 copies) with a fee of RM10 within 14 days of the date of receiving a copy of Form 1. The claimant may file his defence to the counter-claim in Form 3 with a fee of RM10. 4. Hearing Procedures The Tribunal will issue a notice in Form 4 stating the date, venue and time of the hearing on both the claimant and the developer, in not less than 14 days before the date of the hearing. No party shall be represented by an advocate and solicitor during a hearing before the Tribunal. Both parties have the right to adduce evidence, call any witness, or tender any documents, records or things necessary in support of their respective claims. At the hearing, the Tribunal shall, where appropriate, assist the parties to effect a settlement of the claim by consent (negotiation stage). Upon completion of the hearing, the Tribunal will make an award. The award must be complied with within the stipulated period set by the Tribunal’s President. Any person who fails to comply with an award made by the Tribunal commits an offence and upon conviction shall be liable to a fine not exceeding five thousand ringgit (RM5,000) or to imprisonment not exceeding two (2) years or both. In the case of a continuing offence, the offender shall be liable to a fine not exceeding one thousand ringgit (RM1,000) for each day until the award is abided by. Overall Claims Procedure Flow Chart 5. Hearing Of Claim Cases The claimant who has received the full payment from the Respondent (Developer) for Tribunal's Award  kindly inform the Tribunal (Mrs Santhy) by e-mail or mail addressed to: Pn. Santhy, Tribunal Tuntutan Pembeli Rumah Aras 2 Blok B Selatan Pusat Bandar Damansara 50782 Kuala Lumpur Tel : 03 -2099 8402 / 03- 2099 8405 Faks :  03-2093 4776 / 03- 2095 9309 E-mail : santhy@kpkt.gov.my / tribunal@kpkt.gov.my  6. List of Application Forms (Please Read This Guide First)  Form 1 (Regulation 6) – Statement of Claim in the Tribunal for Homebuyer Claims Form 2 (Regulation 10) – Statement of Defence and Counter-Claim in the Tribunal for Homebuyer Claims Form 3 (Regulation 14) – Defence against Counter-Claim in the Tribunal for Homebuyer Claims Form 12 7. Further Information Secretary, Tribunal For Homebuyer Claims Ministry Of Housing & Local Goverment, Level 2, Block B South, Pusat Bandar Damansara, 50782 Kuala Lumpur. Tel:  03-2092 4488 (Hotline) 03-2099 8405 Fax : 03-20934776 E-mail : tribunal@kpkt.gov.my

(with courtesy from Ministry of Housing and Local Government) http://www.kpkt.gov.my/kpkt_en/main.php?Content=sections&SectionID=4

All Suria Kinrara owners should proceed to submit your claim to Sentosa Restu (M) Sdn. Bhd. immediately. And after reasonable time period(14 days), if Sentosa  Restu did not reply, proceed to file your claim with the Housing Tribunal.

Sample letter to Sentosa Restu (M) Sdn. Bhd. to claim your LAD or other damages is appended below.

`````````````````````````````````````````````````````````````````````````````````````````````````````

Date:                    

Sentosa Restu (M) Sdn. Bhd. (Company No. 177756-D)

Level 2, Menara Maxisegar,

Jalan Pandan Indah 4/2,

Pandan Indah,

55100 Kua la Lumpur.

Dear Sir,

RE: Claim for Liquidated and Ascertained Damage (LAD) on late completion and delivery of Suria Kinrara to Purchaser  - Lot : Unit No. A 8-03 Block A, Komplek Suria Kinrara.

In accordance with Clause 22.4 of the Sale and Purchase Agreement for the above-mentioned Lot dated 15 May 2004, Sentosa Restu (M) Sdn. Bhd. is obligated to pay LAD at 10% per annum to the purchaser for the late delivery of vacant possession from the stipulated delivery date.  The stipulated delivery date as per Court Order (Perintah Mahkamah)  Petisyen No.06-26-61-08 Dalam Mahkamah Tinggi Malaysia, Kuala Lumpur dated 17 September 2008 is not later than 8(eight) months from the date of court order. The latest stipulated completion date is 17 May 2009.

Sentosa Restu (M) Sdn. Bhd delivered the vacant possession to purchasers on the 11 October 2010. The delivery of vacant possession was 512 days late. Based on the Sale and Purchase agreement, Sentosa Restu (M) Sdn. Bhd is contractually obligated to pay me the sum of RM12,330.08 (Ringgit Twelve thousand three hundred and thirty and sen eight only) being the LAD computed as follow:-

Purchase Price ( RM87,900 X 10%)/365 days  X 512 days = RM12,330.08.

I hereby demand that the sum of RM12,330.08 be paid to me not later than 14(fourteen) days from the date of this letter.

Should you fail to do so, I shall proceed with further actions to recover this sum without further reference to you.

Your sincerely.

(Type your name here)  

                                                                                     Acknowledge Receipt

                                                                                     (Chop and sign)

                                                                                     -------------------------

Address:  (type your correspondence address here)

Owners of Suria Kinrara are given the copyright authority to copy this sample letter from the blog.

I request all owners to submit your LAD claim immediately. Sentosa Restu is unlikely to respond to you. After 14 days, proceed to file your claim with the Housing Tribunal.

Why Do You Need a Resident Association (RA)?

Owners of apartment and condos in Malaysia still lack the awareness for the need of an RA. A condo or an apartment that one bought and paid for is not just the unit you stayed or rented to a tenant.  You also have a legal right to share and enjoy the common properties/areas such as the community hall, swimming pool, lifts, corridors, stair case and the car park and all drive-ways in the complex. If there is a mini-park or garden and playground, those are also common properties of every unit owner. The RA is a legally recognised body of owners to deal with the developer, to hire a management company for the for the property and to deal with Authorities on any governmental issue. The RA can sue and be sued in its own name. It has it own legal personality.

In a condo or apartment, owners are hindered from acting alone. You lack the resources in time, money and the knowledge to deal with an array of issues and problems. For this reason, the government has also enacted the laws to protect owner of apartment, condo, office and business complex owners from exploitation by unscrupulous developers. The law requires the formation of RA, JMB and eventually the JMC to own and manage the commom properties in the complex.

Komplek Suria Kinrara does not has a good developer and hence, there is more reason for an effective RA to tackle a host of issues and problems from 1. Non compliance of Court Order, 2.  delay in defect rectification, 3. Non payment of LAD, 4. Poor control of keys, 5. Poor security at the apartment , 6 incomplete infra-structure in the complex resulting in owners having to install some of the security equipments, 7. non compliance with S&P building specifications, 8. Appointment of management company prior to the formation of JMB, AND 9. failure to apply and connect separate SYABAS water meter. Owners having to paid water at commercial rate of RM2.28/m3, instead for first 20m3 free and subsequent m3 at RM1.05 (This was agreed during the project revival meeting and subsequently approved by SYBAS and MPSJ.)

The Committee of the RA are doing voluntary work. We are not paid a single sen and we have to pay for our own petrol and time to attend meeting to the developer.

We have plenty of complaints but no action. The developer could not care much, except trying to squeeze more money from the owners. Everybody is busy and have not enough time. Who is not busy and who has plenty of time?  If you want to remain passive and only know how to complaint, you will lose your investment in Komplek Suria Kinrara.

We need your support to run the RA and to tackle the developer. The developer lied and evaded many of the issues and problems. We have to act against the developer collectively in a CLASS ACTION.


Please come forward and volunteer to serve the RA. We are in need of a legal advisor and a strong auditor. Please e-mail to the Chairman, Vice chairman or Secretary if you can help.  Please help to inform all owners and residents not represented during the last meeting in March 2011 to turn up in full force in the next meeting.


The RA needs you support and co-operation to get the draft constitution adopted and registered to move forward. We wanted at least 80% of the owners to sign up as members during the next general meeting and to elect a committed committee to serve all owners.

Forming residents' associations (Buyer Watch Article by National House Buyers Association) This website is   Welcome    Main    Forum    FAQ    Useful Links    Sample Letters   Tribunal   Communal ownership and living in apartments mean shared responsibility, says the House Buyers' Association Housing projects big or small, will comprise a community of owners sharing the common areas, roads, parks, recreational facilities and housing woes (if any). Similarly, those who own apartments or condominiums are co-owners of all common property in a development. With such shared ownership comes shared responsibility and co-owners must come together in an association to protect their interests. In Malaysia, such an association of owners is called Residents Association (RA) if the building is completed and Pro Tem Committee/Associations (PTC/A) if the building is under construction and the owners have formed an association "for the time being" in order to solve impending problems. More often than not, ordinary owners are only interested in their own purchase and most do not even consider their part in the community. This must change, as the spirit of caring for others in the community can only improve one's life and not make it worse. Do not wait until you have problems of project delays or other major problems before you think of starting an association. Share happy times too - the pleasure of your new home is enhanced when you know your neighbours. The House Buyers Association (HBA) has always urged owners to form their own associations to look after their own interest as soon as they have made their purchase. Together, house owners have the advantage of numbers. We have always advocated self-help as complete reliance on others, such as developers or the authorities, to look after owner's interests is not wise. Developers, as an after sales service, can do their part to help the owners form such an association. Wise developers know that their own interest in the project is short term - to sell and make a profit - whereas for the purchasers, their interest is long term. In any new project, the owners' interest would be in the following stages: Construction stage Completion stage, which is the period when the completed building is handover to the owners, and when owners are able to move in. Living stage, which is the start of a new community. At any of these three stages, an association of owners formed will be advantageous in serving the future community. These are some of the reasons for forming one: To act as a watchdog for their future community.  To have a cohesive voice in the interest of their community.  To be organized when there is a need for contacts and communication.  To share the workload should there be a need for sharing tasks.  To share resources in materials or in ideas to maintain or improve their community  To volunteer for a good cause towards an enjoyable life in their community Purchasers of subdivided building like apartments, condominiums have more reasons to form a committee as at some point in time, they are obligated to form a management corporation. By the time, a meeting is called by the developer to form one, the owners would have known each other well and would make election of fellow owners to the management council an easier task. Unfortunately, many developers do not understand the importance of working with owners so that they will be prepared towards community living. Indeed, some developers do not want to encourage these associations of buyers by refusing to recognize them for fear that they will be too conscientious in reviewing the developer's activities.  HBA has helped many such owners to form associations. The crucial first step is getting a few owners from the project to volunteer. Without them, there will be no association. These are the steps that can be carried out to form an association of owners. Formally request the developer to form one in order for the developer to give out the list of other buyers  If the developer has a website on the Internet, request that a page be set up for owners to interact  Place an advertisement in the local papers - look out for pages that offer free advertisements if resources are limited.  Post messages on HBA's forum page at  http://hba.org.my/forum Distribute details of owners keen to form an association to other owners, if the building has been completed by way of flyers or notices. Check with HBA if an association for that particular project has been formed. In housing projects that are facing delays or other major problems, frustrated buyers are advised to be diplomatic as direct confrontations will only bear unsavoury results. In this manner, HBA has helped form or revive more than 50 associations of house owners. The next step after the decision to form an association is the election of members to form a committee. Most committees have between 12 and 15 members. Committees with less people tend to be unrepresentative and more will make it difficult to operate. Every member of a committee has an important role to play and contribution to make. The 3 key roles in any committee are the chairperson, the treasurer and the secretary. The chairperson is responsible for the smooth running of meetings, allowing all members to have their say, guiding the association in their objectives and acting as spokesperson on behalf of the association when necessary. This is a vital position. The treasurer's role is to look after the association's monies, and to keep a record of all transactions. The secretary is the association's point of contact with its members and involves writing letters on its behalf, organizing and keeping records of meetings. Once an association of mutual interest owners have been formed and a committee has been elected, write to the developer and the relevant authorities to inform them of the existence of such a committee and the key people to communicate with. Good dialogue and careful advance planning among owners, developers and relevant authorities goes a long way toward creating a successful community. The National House Buyers Association is a non-profit, non-governmental, non-political organisation manned by volunteers.