This blog is for the owners and residents of Suria Kinrara to post article of interest to the community. This is a blog to share your views, suggestions and comments. Topics on politics, religion, race and sex is prohibited.
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.
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.
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:
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.
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.
By now most owners of Komplek Suria Kinrara should have received the valuation notice from Majlis Perbandaran Subang Jaya (MPSJ). The notice dated 31 May 2011 was posted on the 6 June 2011 and reached owners either on the 6 or 8 June 2011.
All new property owners are given a reasonable time frame to lodge objection or protest (*bantahan), if there is disagreement with the valuation raised by the Municipal Authority(MPSJ). The deadline for the submission of your protest is 16 June 2011. Is this reasonable? This proved a point that the Municipal Authority (MPSJ) is not sincere in listening to the views or protest from the property owners. By the time you submit the protest, they would have claimed it has passed the deadline. This is their usual dirty tactics. Therefore, send your protest via registered mail or deliver by hand to MPSJ office and get official acknowledgement (*Akuan penerimaan).
All owners of Komplek Suria Kinrara must lodge protest on the valuation raised. The percentage of rateable value is fixed. But the valuation itself is subjective. The Valuation should be RM3,000 instead of RM3,600. Suria Kinrara owners must protest because MPSJ did not provide full service to the Komplek, namely:-
1. 1. The sweeping of the roads in the Complex.
2. 2. The collection of garbage by MPSJ from the Complex is from the central refuge (garbage) house only. Owners of Suria Kinrara shop and apartment have to pay garbage collection fees of RM10.00 per month to the management office.
3. 3. Street lighting and grass cutting in the compound is managed and paid for by the owners via the management company.
The Owners/Residents Association of Komplek Suria Kinrara must also make a collective protest to the MPSJ, in addition to the individual protest by each and every owners.
The apartment owners should not be paying RM300.00 (Cukai Pintu RM180.00 + Garbage collection RM120.00) yearly for the property. Assessment (*Cukai pintu) covers street lighting, road maintenance, garbage disposal, drainage maintenance along the roads and housing area and grass cutting. Sewage treatment and disposal was part of Assessment (*Cukai Pintu).
By 1 July 2011, MPSJ will commence collection of Assessment (*Cukai Pintu) from owners directly. You shall no longer be paying assessment to the developer, Sentosa Restu (M) Sdn. Bhd.
After a few rounds of meeting with senior managers of Sentosa Restu (TALAM) and a few shouting matches, the Auto Car Park Access System is finally in place to commence operation by 1 June 2011. All owners are kindly requested to collect the access card from the management office at 4th Floor, Block A ( beside the Swimming Pool).
There will be a guard stationed at the entry point of the car park, at the card reader areas, during the first week of operation. In the event of faulty cards, the guards will open the arm-barrier manually. After the one week of test run the system will be on automatic mode.
Tenants are not permitted to collect the access card. Owners must come personally, and produce their IC for identification purposes, to collect their access cards. If the unit is rented to a tenant, it is the owners’ responsibility to hand over the card to the tenant. Each car park is allotted one card only.
The committee members of the Owners & Residents Association have received and reviewed the tender for the card access system to the lift lobbies. There are eight lift lobbies each, on the ground floor, 2nd Floor and 3rd Floor car park. Steel grille will be fixed at all the lift lobbies. So are the staircases. A total of 48 door controllers and proximity card readers are required for the lift access control system.
We have narrowed the selection to one supplier’ pending the finalization of the terms of payment. The entire cost of this project is estimated to be RM140,000.
This is an added security system to be implemented by the owners/residents themselves. The developer did not provide this. Each apartment owner will have to contributeRM150.00 towards this project. This is a one-time cost. Details of this will be furnished later.
With both the systems in place, residents can have some peace of mind. But, please do not be complacent. Always secure your own unit properly. Replace the exiting plywood flush door of the main entrance to a solid door. Install good quality lock set and add a dead-bolt lock. For the steel grille, secured it with a good padlock, such as Yale, Solex and Viro. Do not keep valuables or too much cash in your apartment.
Malaysia is a very unsafe place to live in. Burglary, theft and snatching is a common occurrence in Malaysia. No place is spare of crime. The high end Damansara Height, Mont Kiara and Bukit Jalil Golf Resort are also not free from burglary and theft. With the high quality guards and security systems, including CCTV, lift access card, door and gate access card, burglary still occurs frequently.
The thieves are getting smarter. They are also using electronic surveillance system and they rented an expensive unit in the high end condominium. They can monitor and rob the residents without leaving the condo at all.
No place is safe. Just be alert and cautious of your surrounding at all time.
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.
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.
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
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.
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) daysfrom 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.
