Share This

Showing posts with label House buyers. Show all posts
Showing posts with label House buyers. Show all posts

Wednesday 15 July 2015

Council slow to act on Botak Hill which is to be patched up soon

An eyesore: Mitigation works being carried out to restore the cleared slopes of Bukit Relau.
An eyesore: Mitigation works being carried out to restore the cleared slopes of Bukit Relau.

Council slow to act on Botak Hill

GEORGE TOWN: The Penang Island City Council has come under fire for taking such a long time to tackle the illegal hill clearing at Bukit Relau.

Bayan Baru PKR MP Sim Tze Tzin (pcs left) said it should not have taken so long to carry out mitigation work at the 22.89ha site which became known as Botak Hill after it was cleared.

“When the issue broke out in 2013, I called a senior council officer who told me that it would be settled within six months.

“But after two years, the problem is still not settled.

“This is not rocket science. What is so difficult?” he told a press conference yesterday in Sungai Dua near here.

Sim said someone should be held responsible for the delay and urged the state to find the culprit.

“The person has to be punished as this has to do with accountability.

“If you cannot do the job, then resign to let other people do it,” he said.

Sim was commenting on the latest news report which stated that the mitigation work being carried out by General Accomplishment Sdn Bhd was scheduled to be completed by October. - The Star 15/7/15

Botak Hill to be patched up soon

GEORGE TOWN: Mitigation works on Bukit Relau, infamously known as Botak Hill after a section of its top slope was cleared in 2013, is scheduled to be completed by October.

The Penang Island City Council (MBPP) said the mitigation works started in April and was expected to be completed in six months.

The council said it had endorsed the Erosion and Sedimentation Control Plan (ESCP) and slope strengthening design to mitigate landslips and pollution caused by mud flow based on the proposal by the geotechnical consultant appointed by General Accomplish-ment Sdn Bhd which owns the cleared site.

MBPP said the mitigation plan was vetted by the state’s Hillside Geotechnical Advisory Panel chairman Dr Gue See Sew.

General Accomplishment was fined RM30,000 by a Sessions Court here in July 2013 after a represen-tative pleaded guilty on behalf of the company to clearing the 22.89ha site between April 24 and May 8 the same year without obtaining written approval from then Penang Municipal Council (MPPP).

The offence under Section 70 A of the Street, Drainage and Buildings Act 1974 carries a maximum five-year imprisonment or maximum RM50,000 fine, or both.

MBPP said in a statement yesterday that the mitigation measures include the building of a few catchment and sedimentation ponds along the access route to the site, cutting the slope to reduce its steepness and covering the exposed slope with vegetation.

The council said the works also involved the building of cascading drains along the access route to dissipate the energy of surface runoff and mitigate soil erosion.

Several residents living nearby had earlier this month raised their concern after seeing earthworks being done at the site.

MBPP said the land cutting was done to allow access for heavy vehicles and to carry out rock blasting.

It said huge boulders needed to be removed to ensure a safe route and for the mitigation works to proceed, adding that the rock blasting was approved by the Minerals and Geoscience Depart-ment and police.

MBPP said it would continue to monitor the works to ensure that it was carried out in accordance with the approved mitigation plan.

It said grass had been planted on the access route to prevent erosion and that more plants could now be seen on the cleared slope. The Star 14/7/15

Related posts:

Deterrent action for housing developers mooted

Building structural integrity & failure: problems, inspections, damages, defects, testing, 

Reponsible housing developers' traits and qualiies expected

Who is responsible: developer, contractor, local council or house-owner for the damages? 
  Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...

House buyers, learn your rights
House buyers, learn your rights. I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received t



I REFER to the article “Local govt polls may cause racial polarisation” ( Sunday Star, Jan 25) and would like to share my views on matters. ...


Sunday 28 June 2015

Service first, don't waste energy and resources in unproductive ways !

A photo taken from Facebook showing what the woman wore when she was denied entry to the Balik Pulau court complex.

The mission: service first

Malaysian taxpayers should be treated as customers who deserve the best service. Government departments should aim to keep their standards high and not fuss over how their customers are dressed.

TEACHERS are supposed to teach. And when members of the public visit the hospital, the Road Transport Department, or any government facility for that matter, they are there for a service, and they expect to be given that.

After all, as has been said many times before, the public service exists because the taxpayers are the ones who pay the salaries of the civil servants.

But things do become complicated when some individuals get side-tracked from their job specifications, and start to bring politics and religion into play.

The problem with some Malaysians is that we are also not very good at exercising reasonable discretion. Maybe we fear those who hold higher positions and dare not question their authority, as it is not part of our culture, or simply because of fear of reprisals.

So, if you are a security guard, whether a member of the People’s Volunteer Corp (Rela) or someone from a security firm, you would be expected to just carry out the orders made by the boss, or maybe the smaller bosses, which in most cases, can be more difficult than the real top boss.

Malaysians would know by now, judging from incidents in the past weeks, that it’s always these little guys who get the blame.

If you are being asked to wear a sarong over your skirt which is deemed too short, you will look quite unnatural, and are bound to draw strange looks from others. Wouldn’t the front desk officer enquire from you, in a puzzled manner, why you are wearing a skirt with a sarong on?

But if the officers are indifferent to the ­situation and the head of the front desk does not even bat an eyelid, it is obvious that they are fully aware of what the security guard has ordered the member of the public to do.

Maybe this has been going on for a while, except that no one has complained, and a recording of the event had not gone viral.

Since incidents of such a “humiliating” exercise have been reported, many others, including a former colleague, have shared their experiences on social media.

My ex-colleague took her case all the way up to the JPJ chief, who apologised for the unfortunate incident. But in her case, she has access to the boss because of her job.

I have been following the exchange of opinions on social media and, by now, we are well aware that we are also not very good at articulating or advocating our case well. Many of these views seem racially and religiously prejudiced and, as a result, a sense of reasonableness is lost.

Dress codes are not something unusual. Even casinos, as some have pointed out, have strict dressing codes before anyone can enter. But the question here is how these rules are reasonably enforced in our government departments?

In all fairness, checks by our reporters have shown that most government departments are reasonable and seem to totally ignore even their own dress codes. Their priority is to provide service and the people are served even if the skirt’s hemline is above the knee or they are wearing slippers.

We actually have photographs of inadequate­ly dressed men, including one in a pair of shorts and singlet, rushing into a JPJ office and were properly served.

As with all debate, there are those who argue whether micro mini-skirts and bikinis would be tolerated, which I think is stretching the argument too far. Anyone who wants to dress that way in public, not just in a govern­ment facility, will most likely be hauled up.

No sane person would go to any office, private or public, in a bikini, so such arguments are flawed and unreasonable.

The recent cases whereby the women were asked to wear the sarongs are certainly not in this category. Anyone with a fair and objective mind would surely agree that all the ladies were properly and decently dressed.

Then, there have been a number of cases brought to light recently of teachers who want to play moral guardians in schools.

One incident was when a teacher reportedly confiscated the little crucifix that a student was wearing. A police report was subsequently lodged.

But according to the latest report, the cross has since been returned to the student and the father has accepted an apology from the school principal and also withdrawn the report.

It has also been reported that pressure was exerted on the headmaster and school management board of St Mary Labuk in Sandakan to remove the cross from the new school building. But Deputy Education Minister Datuk Mary Yap stepped in and guaranteed that the cross would remain, saying it had been clearly stated that mission schools are allowed to upkeep the ethos and characteristics of these schools.

It seems to be a phenomenon of the past decade. We all know the crucifix has long been removed from classrooms in mission schools, because of an order from the then minister who is now in the opposition.

About the same time, the symbol of the crucifix was also taken out of mission school badges. The Latin mottos fortunately have remained and presumably no one understands what they mean.

Well, Malaysia’s problem, or rather the Little Napoleons’ problem, is that we seem to channel our energy in a very unproductive way. There is a lot of fire-fighting because these people think they can get away with anything, and only when it becomes an issue do they step back.

Teachers should be striving to make our students top in Maths and Science and be competent in the English language. Instead, in these core areas of education, we have continued to deteriorate further.

Our students are no longer gaining entry into Ivy League schools such as Harvard as we used to. Schools used to be able to boast of these achievements but these days, many of them get into the news for all the wrong reasons.

Even if we seem to be generating many students with a string of As in the public examinations, these premier universities are not that easily impressed.

Meanwhile, no one will deny that our government-run hospitals are providing good service to the people. We must commend our doctors and nurses who toil daily for the public, at wages that are far less to what their counterparts in the private hospitals can command.

But the people who run these hospitals must also focus on keeping the standards high, and even raise the bench mark. The least of their concerns should be to worry about how visitors are dressed.

Just like at the JPJ, surely worrying about the dressing of the public is not part of the JPJ mission statement.

Malaysian taxpayers should be treated as customers who deserve the best service. They should not be sent home, denied entry or asked to wear a sarong, simply because someone takes offence to how they dress.

Moderates, stand up

Before and after: Photos posted on Tan’s Facebook page showing her original attire (left) and the sarong she was asked to wear at the JPJ office.Before and after: Photos posted on Tan’s Facebook page showing her original attire (left) and the sarong she was asked to wear at the JPJ office.

IT is said that ignorance is bliss, but not necessarily so all the time. Most Malaysians must have been amused, rather than upset, over a recent Facebook posting that went viral and eventually caught the attention of a news portal.

It started with an angry customer, going by the name Mista Bob Faishah, posting on the Texas Chicken Malaysia Facebook page that the fast food chain obviously did not take into account religious sensitivities because the franchise’s brand dipping sauce is named “Church”.

“Dear TCM... Please do explain (yo)ur dipping sauce brand at Malaysia Franchises... Most of (yo)ur customers is a Muslim... AND Muslim didn’t not eat for food from ‘church’ brand,” he wrote. He also shared the image of said dipping sauce together with his post, the portal reported.

Soon, an equally outraged Facebook user, Halim Zainal, left a comment saying that Texas Chicken Malaysia should change the name on the packet as a sign of respect to its Muslim customers.

The angry person warned TCM that they would not be able to sustain their business if they were not sensitive to Muslims in the country.

The management of TCM had to patiently explain to the customer that the franchise’s “Church” brand dipping sauce was named after the founder and did not represent the Christian house of worship.

“Please be informed that the brand Texas Chicken was founded in San Antonio, Texas USA by our founder by the name of George W Church Sr — Church being his surname and the name of the brand Church’s Chicken.”

The Facebook post elaborated that the word “church” was not used in a religious context and that some of the dipping sauces were imported from the United States, where the food chain originates.

But it has ended well. The customer has now posted an apologetic comment: “Deepest from my heart that I want to ask apologized for my post (1 June). For that time I only want to inquiry regarding the brands of “church” brand. And after TCM do explain to my inquiry n I accepted that was the co brand from san Antonio, Texas.

“I hope with my apologized here can stop all the negtive things goes more bigger. That what can say I only just want to inquiry regarding that brands only..But for ur info, I stlll enjoy my meal with my favorite winglets from TCM!

“Once again..I’m apologized for my post before that I had removed because I don’t want that all people read n negtive thingking of my inquiries.”

Well, as we can see from the postings, the person’s command of the English language really leaves much to be desired.

That could have been one reason why he did not first check, via Google or other search engines, for information about this food chain and why its products are named as such.

Our English language proficiency, sad to say, has hit rock bottom and many of our Internet users are missing out a lot because they have such a poor command of the universal language.

He only associated the word “church” with religion, without being aware that it can also be the surname of many people. Christian Bale would be really worried if people stop going to watch his movies if such an association is made.

But let us keep this in perspective. We can all accept Mista Bob Faishah for sportingly admitting his mistake. We are sure he has no intention to create a controversy.

But another issue that we need to be concerned about, apart from poor English, is whether we are seeing a rise in religious conservatism where many modern-day practices that everyone in our plural society used to accept as a matter of course – from food to sports and entertainment – are being looked at from a different, and more radical, perspective.

Those who spew hate messages in the name of religion can always find a ready audience in those who are prepared to take what they say without question.

And this applies to all religions where such leaders thrive on those who are blissfully ignorant on the true nature of their faith.

Such an environment makes it easy for these people to create fears among the followers that they are constantly under threat. The bogeymen in flavour today include Christians, Jews, the LGBT community, liberal-minded people, etc.

Fortunately, we are still a country where people of different faiths can co-exist peacefully and in harmony with one another.

Faith is a matter of the heart and whatever the rabble-rousers may want to ferment, few will believe that just seeing the religious symbols of another faith will so easily shake their own beliefs.

Be that as it may, we need to also be on guard against the rise of extremism, especially when it comes quietly in every day situations.

The voices of moderation must be heard, and the silent majority cannot afford to be quiet if they value the kind of society we live in.

Why are so many Malaysians not surprised to read about the middle-aged “aunty” who was asked to wear a sarong before she could be served at a Road Transport Department office? The Rela guard felt her skirt, which was just above her knees, was too short and did not adhere to the dress code.

It may be a small matter to some, but it was good of Suzanna G L Tan to share her experience on Facebook by posting a photograph of herself outside the office, showing her attire for the public to judge.

“I had to go to JPJ personally to sign the transfer form for the car I sold. That in itself is already a pain,” Tan wrote.

“I go dressed like this. Indecent meh?” she asked in reference to her dressing in the photograph.

Tan said while she was at the counter to get a queue number, she was handed a sarong to wear “or they would not entertain me”.

The blame eventually fell on the Rela guard but none of the other officers at the JPJ office bothered to tell off the Rela guard for his over-reaction. They have kept silent over this demeaning exercise.

We used to be able to blame the little Napoleans for incidents like this but with the advent of social media, such actions can always be recorded for the public to judge.

And then we have our Malaysian gymnast Farah Ann Abdul Hadi, who has just won a gold medal at the Sea Games, being criticised for not covering up. But to be fair, there were many who came to defend her on Buletin TV3’s Facebook.

Instead of applauding her flawless performance, there seem to be those with perverted minds whose minds are focused elsewhere.

These people thrive on attention and their antics have a way of being magnified way beyond their actual influence.

But here’s the saddest part. Those who speak out for Farah Ann are the usual known personalities and non-governmental organisations while those we wish to hear from – including politicians from both sides of the divide who hold national level posts – are strangely quiet.

But we are glad that the Youth and Sports Minister Khairy Jamaluddin, who has to protect our athletes, spoke out.

“In gymnastics, Farah wowed the judges and brought home gold. In her deeds only the Almighty judges her. Not you. Leave our athletes alone,” wrote Khairy on his Twitter account.

By Wong Chun Wai on the beat

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.


Related:


Short affair: What Ng wore when he was barred from entry at KLIA. Taken from ...


Related posts:


We must separate the roles of the Attorney-General as legal advisor to the Government and Public Prosecutor who prosecutes cases in cour...

Building structural integrity & failure: problems, inspections, damages, defects, testing, 

Reponsible housing developers' traits and qualiies expected

Who is responsible: developer, contractor, local council or house-owner for the damages? 
  Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...
 

House buyers, learn your rights
House buyers, learn your rights. I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received t



I REFER to the article “Local govt polls may cause racial polarisation” ( Sunday Star, Jan 25) and would like to share my views on matters. ...

Friday 13 February 2015

Developers want review property rules curb sales instead of prices to go up !

Rehda Penang chairman Jerry Chan (right) says developers do not foresee an increase in property volume in the state in the near future. – The Malaysian Insider pic, February 12, 2015.

Developers want review as Penang property rules curb sales instead of prices

The Real Estate and Housing Developers Association (Rehda) Penang chapter wants the state government to ease cooling measures meant to curb property speculation as they have only reduced the number of sales but not brought down prices.

Rehda Penang chairman Datuk Jerry Chan said the state's cooling measures, which included levies on property sold within a certain period of time, were meant to discourage property speculation that made homes expensive in the state.

However, he said the measures reduced transactions by 20% last year compared with 2013, instead of having an impact on property prices.

"They have been effective in reducing property transactions but they have not affected property prices.

"Prices are still up due to rising costs faced by developers," he said in a press conference at Penang Rehda's office in George Town today.

Chan said while transactions were down, other costs like charges levied by the local authorities, land, materials and labour had continued to increase.

"If you expect developers to cut property prices, it is not happening because the costs are going up."

Even for homes in the secondary market, prices remained up although they were expected to fall, Chan said.

"So we do not expect all property prices to soften. Prices now are quite stable and we don't foresee an increase in property volume too," he said.

The Penang government announced in its 2014 state budget several new housing rules to protect the state from being affected by a property bubble and to ensure that public and affordable housing were bought by genuine and qualified buyers from the lower and middle-income groups.

Among the rules, which took effect in March last year, was a levy of 2% on property sold within three years from the date of the sale and purchase agreement (SPA), and a moratorium on the re-sale of “affordable” housing within five years of their acquisition, and 10 years for low-cost homes.

Owners of low- and low-medium cost homes must get state approval if they intend to sell their properties within a 10-year time period from the date of signing of the SPA.

They are also only allowed to sell their units to “listed buyers” who are registered with the state’s housing department and certified under the low-income group.

For affordable homes, classified as houses worth up to RM400,000 on the island and up to RM250,000 on the mainland, owners who signed the SPA after March 1 are not allowed to sell their property within a five-year period.

The owners must also obtain state approval and are only allowed to sell to listed buyers in the middle-income group registered with the state housing department.

Under the new rules, foreign property buyers pay a 3% levy on the units they purchase in the state.

Chan said Penang Rehda had appealed to the state government through housing exco Jagdeep Singh Deo, to be more lenient in its development charges and to give developers some leeway.

Chan also suggested that the state government ease the cooling measures for certain projects rather than make them compulsory for all projects.

"We told them when the market is slowing down, they have to ease up on all these measures and controls," he said. Chan said property prices would not become cheaper but developers themselves would be more realistic when setting prices for their units.

He also said now was the time to invest given that property prices had stabilised. – February 12, 2015.

By LOOI SUE-CHERN - The Malaysian Insiders

  Property prices not expected to go down, says Rehda

GEORGE TOWN: Property prices are not expected to trend downwards despite the recent slump in oil prices and a just announced electricity tariff cut.

Real Estate and Housing Developers Association (Rehda) Penang chairman Datuk Jerry Chan said compliance and labour costs were not going down.

He pointed out developers were dependent on foreign labour but the country was facing difficulty in getting a consistent supply of manpower.

"The shortage of manpower will not make things easy," he said, but however remained upbeat over real estate activity as developers were now more realistic with pricing. "This is a good time to get into the market," he said at a press conference today to announce that the annual Malaysian Property Exposition (Mapex) will be held in Penang for three days from Feb 23.

He said a wide range of properties were available ranging from affordable housing units to high-end condominiums.

By Tan Ke Ming - TheSundaily

Related posts:

Malaysia's residential housing market 'severely unafforable', said Demographia

 Reponsible housing developers' traits and qualiies expected.

Who is responsible: developer, contractor, local council or house-owner for the damages? 
  Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...

House buyers, learn your rights
House buyers, learn your rights. I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received t



I REFER to the article “Local govt polls may cause racial polarisation” ( Sunday Star, Jan 25) and would like to share my views on matters. ...



 Malaysian homes more unaffordable than Singapore, Japan and US; Budget 2015 brings little joy

Sunday 1 February 2015

Reponsible housing developers' traits and qualiies expected


Traits of a responsible housing developer

KNOCK, knock! Any “good” housing developers out there?

I am reluctant to use the words “good developers” as the words are not in my vocabulary. However, there are responsible ones and more are joining this category.

The qualities of a responsible developer are to be emulated, if you can find them.

The housing industry has come a long way since the advent of large-scale housing development in the late 50s and early 60s. The players in those times were bona fide entrepreneurs. Most probably, conscience ruled and pride in workmanship, timely delivery of quality and affordable houses were their hallmarks.

The present delivery system of “sell-then-build” through progressive payments is fraught with risks for the unsuspecting house buyers. These second generation housing developers, “good” or bad, are used to the lucrative profits from the housing industry. This is so because the post-independence period has been a period of high population and economic growth. Hence, the demand for housing is ever increasing. In a sellers’ market, the buyers are always at a disadvantage. When greed is inversely proportionate to conscience among industry players, the situation can get very bad indeed.

We often hear of developers lamenting about the shortage of workers (legal or illegal, skill or inexperienced), shortage of building materials, complying with new laws or regulations that made it hard for them to complete their projects on time. At the same time, we also hear of projects making multi-million ringgit in profits for the developers and we do not see or hear news of housing developers retiring or quitting the business entirely.

This would mean that the housing development is still a lucrative business. In fact, more rookie developers are joining the arena because the sell-then-build system allows them to make money from people’s money.

It has become a ‘riskless venture’ where profits are guaranteed, and in the worst scenario, the government will mop up the abandoned housing project, befitting the adage: Profit Privatised, Losses Nationalised’

Enough of the bad ones, we at HBA do keep our ears opened for the qualities of responsible developers to be emulated. In the first place, how do buyers judge if their developers have been responsible? The construction industry is a unique field. It is one of a few professions where no formal education is required.

There is no formal award giving ceremony by buyers to tell the world their developers have been ‘good’ and responsible.

There are also some other things the responsible developers do that prove they have a passion for their profession. Here are some of the traits practised by responsible developers.

Attention to environment and existing neighbourhood

Responsible developers do not just depend on their buyers to pass the word around about their reputation. No new project is an island. There are existing neighbouring projects, trees etc. A responsible developer ensures the existing neighbourhood is not disturbed by their new development.

If there are complaints, such as cracks, a landslide and floods that the new construction is causing to the existing neighbours, they are quickly attended to. They also ensure that the existing roads are kept clean regularly from construction activities.

Amenities, facilitiesand infrastructure

Developers who provide adequate amenities and facilities like playgrounds, schools, markets, community halls and even police booths are not only fulfilling the obligations imposed by the local council but also their social responsibilities to society. These developers are commendable as good corporate citizens. It enhances their image too. There are also developers who invest and build infrastructure first prior to selling their houses.

Takes pride in quality and timely rectification

Whether low-cost or high-cost houses, chasing the developer to rectify shocking defects, bad workmanship is a nightmare to buyers who lose out while waiting for repair works.

Responsible developers do their own quality checks before handing over their products. Caring developers do practise the following before handing over their products:

• Adopt quality checks at all stages of construction, test and commissioned utility supplies;
• Clear and clean individual units and construction site of debris;
• Ensuring the Certificate of Compliance and Completion (CCC) is obtained with the handover of units;
• Retain a team of competent workers to do rectification promptly if there are complaints on defects.
• Keeping sufficient stock of products like floor tiles of the same quality and make.
Some developers even extend the mandatory defects liability period of 24 months. We have also heard of developers providing alternative lodgings for their buyers while waiting for defects to be corrected.

Timely delivery

Time is the essence of the contract of sale and purchase. Houses should be delivered within the time stipulated in the sale and purchase agreement ie within 24 months for ‘land and building’ and 36 months for ‘building intended for subdivision’. If, for whatever reason, there are delays, compensation should be paid immediately to buyers without second thoughts or finding devious ways to ‘short-change’ the buyers.

Responsible developers keep their buyers informed of delays and tell them of the next expected delivery date. Some buyers even told us of the extras they have received at delivery time, which surely endear them to the developers. These are some of the ‘welcome packs’ that they have received: useful gifts like a key box; warranties from paint companies, auto-gates, pest control, electrical appliances; certificates of treatment for termites / pest control; a certified copy of the CCC issued by the architect and certified copy of the building plans and plans that relate to electrical wiring and water piping so as to facilitate future renovation.

Interest charged

One clause in the sales contract states that the buyer is responsible for late payment interest. It is a common complaint by buyers that their developers would charge interest for late payment even though it is the fault of the end-financier or their lawyers doing the legal documentation. Responsible developers assist in ensuring that the documentations are in order and the buyer is not burdened with any late payment interest.

Joint Management Body (in stratified projects)

Responsible developers assist their buyers to form committees and be prepared for the formation of the management corporation. These developers realise that the projects they have developed will eventually pass to the owners to maintain and manage.

Encouraging community living

Developers who encourage forming of resident/ owners association are a welcome lot. Some even go to the extent of contributing monies for the formulation of buyers representative group for a meaningful channel to voice grievances. Some even provide meeting facilities and allocate a multipurpose room for the elected representative group.

Good communication

The line of communication should always be open between buyers and their developers:
• Keeping buyers informed of the ongoing projects and their products;
• Developers not to appear having shun away from their responsibility;
• Treating the buyers with respect as buyers can serve as their marketing tool. Show respect and you will gain respect;
• Transparency and accountability on monies collected;
• Providing regular accounting reports and budgets;
• Voicing of any grievances rather than through the media, which will bring adverse effect to the detriment of both parties.

Build first then sell

There is no step that can be more pronounced than for housing developers to adopt the absolute ‘built first then sell’ so that potential buyers can see for themselves the finished product before buying. We believe that in this way, most of the present day ailments afflicting the housing industry can be avoided and the housing industry will be a lot more orderly.

In the interim period, responsible developers have embarked on the Built then Sell (BTS) 10:90 concept where the buyers pays 10% and the balance of 90% to be paid upon completion of the house. They are already big names among developers that find the BTS 10:90 concept workable and feasible and are targeting to achieve the Government aspiration of making BTS 10:90

There are responsible developers whose names are synonymous with quality and trust. They are able to win over buyer’s confidence. Today, they have created their own brand names. No wonder some developers do not advertise, yet all their units are sold out even before the official launch.


By Chang Kim Loong AMN who is the secretary-general of the National House Buyers Association.


Related posts:

  Who is responsible: developer, contractor, local council or house-owner for the damages? 
  Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...

House buyers, learn your rights
House buyers, learn your rights. I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received t



I REFER to the article “Local govt polls may cause racial polarisation” ( Sunday Star, Jan 25) and would like to share my views on matters. ...



Tuesday 25 November 2014

House buyers, learn your rights


I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received the vacant possession in January this year.

The journey towards moving into this property has not been a smooth one and I thought I should share some of the lessons.

When I first visited the site in 2012, only the show house was available for viewing. All the other units were blocked off because they were still under construction.

So the purchase was under the “sell-then-build” scheme. The developer sells a property that is not yet built, and the buyer pays for something depicted by the show unit, but in reality you don’t really know what you will get. The developer advertised it as a gated and guarded community of just 26 houses, and the show unit was quite decent.

We liked the concept and decided to go ahead anyway, despite a friend expressing doubts about the reliability of the developer because they are just a small company.

Skip forward to January this year: a letter arrived saying that the time had come for me to take the keys, or in jargon-speak, to take over the vacant possession. When I went to the developer’s office in Hulu Kelang, I was told to sign a letter confirming that I agreed to accept the property.

They also told me that the Certificate of Completion and Compliance (formerly called the CF) should be ready within two weeks and I should not do any renovation or move in before receiving it.

It was soon after this that problems started to occur. When I inspected the property more thoroughly, I discovered that the property was not yet satisfactorily completed.

Taps and doorknobs were missing. Some tiles were not properly fitted. The window frames were of different shades. Electrical sockets were not installed. The back garden slopes with a gradient that renders the area more or less unusable.

And the developer has not even applied for permission to build a gated and guarded community, despite advertising it in their sales brochure.

To make matters worse, the CCC did not arrive within the promised two weeks. I only received it last June. Throughout all this, I sent notice after notice to the developer asking them to rectify the defects.

They were extremely slow to respond. It was only then that I realised I should not have accepted the vacant possession without the CCC.

I then found the National House Buyers Association, and met with their secretary-general Chang Kim Loong who happens to be a fellow columnist in this newspaper. I learnt a tremendous amount from him and let me share some of the lessons here. If you are planning to buy a property and you don’t want to face the problems that I am having now, I suggest you read on.

Firstly when you buy a property, you should get the Sale and Purchase Agreement (S&P) checked by someone with proper knowledge, or appoint your own lawyer.

The two lawyers you deal with at the early stages represent your bank and the developer. They don’t represent you and they don’t have your interest at heart. You need your own lawyer.

Secondly, read the S&P yourself, carefully. With the benefit of hindsight, I am amazed at how I simply signed on the dotted line without reading the papers carefully first.

The document contains important information about your rights. And you should read it in greater detail if the developer says to you that the S&P is “just a formality”.

Thirdly, learn your rights as well as the procedures in the purchase.

If only I had taken some time to learn the ropes, I would have known that I should be extremely worried if a developer hands over vacant possession without a CCC (and promises you he will get it done within two weeks). Even more so when they start saying things like “we are all Malays and we should help each other”. Fourth, the sell-then-build scheme benefits mainly the developers and not necessarily the consumers. You are being asked to pay for something that is not even built yet and you never really know what you will eventually get. If the developer is rogue, then what you pay for is not necessarily what you will get.

In my case, the show unit has a concrete wall in the backyard, but my unit has just wire fencing. When I asked the developer, he responded that the S&P does not compel him to build a unit that is exactly the same as the show unit. Since it was a sell-then-build scheme, there is not much that I can do.

Recently Urban Wellbeing, Hou­sing and Local Government Minister Datuk Abdul Rahman Dahlan an­­­nounced that he wants to allow developers to choose between sell-then-build and build-then-sell. He is effectively doing a U-turn because the previous minister wanted to make build-then-sell compulsory.

Of course, developers love the sell-then-build scheme because they get the cash in advance. Risks are transferred to buyers.

Fifth, despite the U-turn policy, the Housing Ministry is actually quite effective in dealing with consumer complaints. I have had a very good experience in dealing with the National Housing Department and the Tribunal for Homebuyer’s Claims (TTPR). The processes to submit a claim through the TTPR are simple enough to understand even for a layperson like me. The TTPR is also very transparent.

My case hearing was conducted in public and if you go to the tribunal’s website, you can find information about the claim that I filed. This transparency allows everyone to learn from the experience of others.

Let me end by saying that buying a house is probably the most expensive purchase you will ever make. You really should learn your rights.

If you find yourself dealing with a situation like I am in now, then you must not let the developer off the hook. Get advice from the brilliant team at the National House Buyers’ Association. Take the developer to the TTPR. And report them to the National Housing Department.

You should not despair because there are mechanisms to help protect you, including those instituted by the Government, as long as you are willing to take the initiative.

Think Liberally by Wan Saiful Wan Jan

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely the writer’s own.

Related post:

Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...

Sunday 27 January 2013

Banks need to be transparent on housing loan

STANDARDISING and simplifying housing loan documents is a step forward. Kudos to Pemudah (Special Taskforce to facilitate business), Bank Negara and the Association of Banks in Malaysia (ABM). It will be an excellent move to reign in the rogue banks, financial institutions (FIs) and development financial institutions (DFIs).

The National House Buyers Association (HBA) views the recent standardisation of loan agreements for housing loans below RM500,000 positively. For many years, HBA has been calling for greater protection for house buyers when they buy from developers and for borrowers when taking a housing loan.

As a typical housing loan ranges between 20 and 30 years, borrowers are stuck with the terms and conditions (T&Cs) of the housing loan for a long time. Unfortunately, most borrowers do not really understand the T&Cs of housing loan, as:

(i) The loan agreements are lengthy, running between 20 and 30 pages;

(ii) They are filled with legal terms and jargon that even borrowers with a law degree will still need their legal dictionary for reference.

Even for borrowers who are law-savvy, the loan agreement is a one-way traffic; the borrower must accept all the T&Cs or find another bank, as the banks will not vary any T&Cs. However, the scenario is the same for all banks and borrowers are at their mercy. (banks in this context includeFIs and DFIs).

Another grave injustice is that the cost of legal fees for the said housing loan is borne by the borrower although the lawyer is in fact, representing the banks and on its panel, and is in no position to advise the borrower. The borrower will be required to appoint his own lawyer should he require any legal advice. But this will be futile as banks will not agree to vary any T&Cs of the loan agreements.

Standardised Loan Agreement

HBA has been urging banks in Malaysia to be fair and transparent in their dealing with borrowers. Hence, credit must be given to “participating banks” for finally agreeing to adopt a standardised template for housing loans with simplified language which is easy for the layman to understand.

Based on our quick analysis of the Standardised Loan Agreement which can be downloaded from the website of the Association of Banks in Malaysia (www.abm.org.my), the agreement does appear to contain less legal jargon and is written in a manner which is easier for the borrower to understand.

The agreement also does away with unnecessary and ridiculous restrictions that certain bank previously impose on borrowers taking housing loans, such as:

● Borrowers cannot rent out the property without the consent of the banks;
● Borrowers cannot undertake any renovations without the consent of the banks; and
● Hidden clauses which impose various hidden charges and penalties such as late payment charges on borrowers

Based on our preliminary assessment, HBA views the agreement positively and we urge the banks and Bank Negara to further improve on the following areas:

Remove the RM500,000 cap

HBA calls for the RM500,000 limit for the Standardised Loan Agreement to be removed. This agreement should be applicable for all housing loans regardless of the amount, as the nature of the housing loan is the same. Already, most landed properties in areas such as Puchong and Kota Damansara are in excess of RM500,000. Even strata-properties in locations such as Bandar Utama, Ara Damansara are already in excess of RM500,000. Why not extend the coverage to all housing loans per se?

All industry players must adopt the standardised loan agreement

It would appear that the standardised loan agreement is being used by certain participating banks on a voluntarily basis and not all commercial banks which give out housing loans are adopting this agreement. Why is this the case? Bank Negara should compel all commercial banks to adopt this standardised agreement. In addition, non-banking Institutions that give out housing loans, such as DFIs, insurance companies must also be compelled to adopt the agreement. Why shouldn't the house buyers offered similar protection here?

Non-members of ABM such as DFIs include Bank Islam, Bank Muamalat, Bank Rakyat, Agro Bank, Bank Industri, Bank Simpanan Nasional and EXIM Bank which are formulated under their respective legislations.

Remove unnecessary fees and charges imposed on borrowers 

Certain banks currently impose unnecessary fees and charges on borrowers when they request for bank statements which are needed when sthey want to settle/refinance their housing loans, or when making EPF withdrawals to reduce their housing loans. While the fees of up to RM50 may not seem much to some people, it still is an exorbitant amount as it cost banks next to nothing to produce such statements. Moreover, it is the borrowers' right to settle/refinance the loan and/or to make EPF withdrawals to reduce their loans. A bank statement showing the principal sum outstanding is required to facilitate such transactions.

By imposing fees of up to RM50 to prepare such simple statements, banks are blatantly taking advantage of their customers as they have no choice but to pay the charges just to ensure that the transaction goes through.

HBA is calling for banks to be prohibited from charging fees for these statement to facilitate repayment, refinancing or to make EPF withdrawals to reduce their loans. Some Banks are already charging RM10 for “reprint” of a bank statement on current accounts. Can you imagine a situation where the customer has not received his monthly bank statement for whatever reason and has to pay RM10 for a “reprint” of his own bank statement?

Banks can unilaterally vary theinterest rate

However, upon closer inspection of the standardised template, HBA noticed that a clause currently found in most housing loans has been carried forward. .

Even if the borrower had faithfully paid all his dues and installments' on time, the bank is entitled to vary the interest rate unilaterally at any time during the loan tenure. There is no such thing as sanctity of a binding contract between the borrower and the banks.

As we know, the current interest rates for housing loans are competitive, with some banks willing to go as low as BLR less 2.50%. So, what this can mean is that a few years down the road, when the banks realise that such low interest rates are no longer feasible, they can vary the interest rate from say BLR less 2.50% to BLR PLUS 2.50% and the borrower is obliged to pay the new interest rate. Furthermore, if the previous installment was only RM1,500 a month and the new installment due to the revised interest rate is RM2,500, the borrower must pay the new rate or risk the bank repossessing his house.

HBA urgently calls for Bank Negara to repeal this clause to prevent banks from having the upper hand to victimise unsuspecting borrowers. Banks must not be able to unilaterally vary the interest rate if the borrower had not defaulted on his obligations' under the loan agreement. Banks may say that they will not normally invoke/exercise the said clause. But, covenanted terms and conditions are binding upon both parties.

Lawyers have to purchase standard forms from banks

Nowadays, law firms undertaking banks' work have to purchase standardised pre-printed forms from banks. The price ranges from RM150-RM350. Would printing cost be so expensive or are banks making a profit or “mark-up” from such sales to law firms?

Such “expenses” are nevertheless passed down to customers/ borrowers as disbursements. Couldn't a “soft copy” be made available to law firms to adopt and print at their own cost and expense? Printing charges are only limited to RM50 as approved by the Bar Council.

Apportionment of payment to interest and principal shrouded in secrecy

Another grave injustice to borrowers is the allocation of monthly installments towards the settlement of principal and interest as this is not disclosed anywhere in the Loan Agreements' or even in the Standardised Template.

To illustrate a real life example, we had a complainant who took a 20-year housing loan about six years ago. After diligently paying his loan for five years, the complainant assumed that the principal amount outstanding should only be about 75% of the original amount. Unfortunately, the complainant had personally experienced, the amount was closer to 83%.

There need to be greater transparency on how the allocation of monthly repayments for interest and principal is done and this must be disclosed in the loan agreement. Moreover, the allocation must be done on a “straight line basis” so, after paying five out of a 20-year housing loan, the principal outstanding must be 75% of the original amount.

Conclusion

HBA calls for banks to continue to take cognisant of their borrowers' hardship and protect the interest of their borrowers instead of just focusing on profitability. Without the borrowers and customers, banks will not have any profits to show.

HBA also calls on Bank Negara to continue the close monitoring of banks to ensure that they do not take advantage of borrowers. The battle of borrowers against banks is akin to David vs Goliath. Timely intervention from Bank Negara is needed to balance the scale of power.

BUYERS BEWARE
By CHANG KIM LOONG

Chang Kim Loong is the honorary secretary-general of the National House Buyers Association, a non-profit, non-governmental organisation purely manned by volunteers. You can log in to www.hba.org.my

Related Articles:

ABM: Standardised housing loan agreements help consumers
KUALA LUMPUR: The standardised documentation adopt...

Rightways