Saturday, March 10, 2012

sinking fund, a court case now.

we are taking legal action against developer, at last, it's not the option we like, but really have no other choice.

the case have been filed to the Penang high court, the first hearing will be on 14/3/2012, this coming Wednesday, few of us in MC plan to go there to follow up on the development(although first hearing will be handled by lawyer only), if residents also plan go there to give morale support, most welcome. we will put the detail (such as time...) in the comment section of this article.

we only decided to go ahead with the legal action after few rounds of discussion with developer, EXCO member & state assemblyman, as we see that the sinking have not been transferred to us at the promised time frame, we understand that if we continue to wait, at the end the still have no guarantee that we can get back the money, or if even it does, it may be another few more years....

so, consider the building need to be painted, the lifts need to be upgraded, the water tank lining need to be replaced, and as all these mentioned jobs need to be done urgently, we went ahead with this action after consulted few lawyers & even also few state assemblymen.

the greatest concern of taking legal action is always the cost involved, for as we are trying to claim back from the developer abt RM400K, the normal charge on the legal cost is abt 10%, or in our case can go up to RM40K, for this is something far more what we bear at the moment, but thank God, the lawyer firm we are engaging is one who have good sense of social responsibility, (by the way, not a small firm, also good experience one) they willing to come out with the package which is something we can afford, but not to disclose now, wait until the case is over, so not to complicate the issue.

we are now praying hard, may the almighty God grant us victory...., for those who plan to come, see u guys on Wednesday.

thanks.

13 comments:

BJ Resident said...

May God bless all of us.

Anonymous said...

i for one am all the way behind you guys(MC)..i think we have waited far too long for this to end..no end can be attained by just negotiating. if filing a suit is the only option..then so be it.let's give them HELL!!!!!..:)

Management Corporation :- said...

hi,

thanks for the support, in fact we really hope that we can win the case & get the money back from the developer, for this will give some courage to other apartments who also suffer the same thing like us to take this path against their own developer. many of them hv their sinking kept by developer without returning, but hv no idea how to get it back, or lack motivation to take further action..., we hv check around, perhaps we are the first apartment in Penang to bring developer to court for such case, which means by accident, Vista Condo again set the bench mark others to follow....

thanks.

Anonymous said...

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Hi..MC

Could u pls check on the water supply at unit 8....very poor water supply even we try to open the tap to maximum..thxs !!

Management Corporation :- said...

hi,

1) our case is scheduled at wednesday morning 8.30am, we will try to go there.

2) for the water pressure at unit #8, may i know it's at blk j or k, if possible give the floor number also, can send email to vistacondo.relau@gmail.com if u want.

thanks.

Anonymous said...

hi...

The water supply problem
from Blk K..unit#8,...i hv checked with my neighbour from different floor,same unit#8,they are having the same problem also..low water pressure even we try to open the tap to maximum..pls help.thxs....

Management Corporation :- said...

hi,

had called management ppl to check & take necessary action, if u can pls also call them to provide more detail, 012-5557658.

thanks.

vista for gud.... said...

SUPERB JOB GUYS!!!!!!!!!!!!PIPIT OREEEEEE TO VISTA HERO'S....

Management Corporation :- said...

hi,

we are quite happy with the decision, but also remain cautious as in the past we were once given hope by the developer that money was on the way, but as waited quite awhile, didn't see the money, & it led to this legal action..., so we hope this time they will truly honor the court's decision.

let's continue to work together to make Vista a better place for living.

thanks.

Blk K said...

Hi mc,
I am really happy to hear that, the developer going to transfer the money asap. You guys really great but i heard from the Blk K MC member, he said try so many times with the MR. Cheah and he refuse to answer his phone. Useless people and they eat so much of our money. Wow i going to see our place real condo.

Thank you very much....

Anonymous said...

Hi MC,
As i know most of the motorbike owners suppose their pay service charge according to the agreement but i saw some of the motor bike owner didn't pay but they still coming in without any disturbance.
Not fair for us and good pay master too.

Management Corporation :- said...

hi,

1) hopefully developer will release the money soon so we can plan for the building painting, lift upgrade, & water tank lining replacement, but if we really receive the money, we will call an EGM to let residents decide on these matters.

2) we have checked with the guard & management staffs concerning the motorcycle T&G tag, residents only only can collect their tag if they hv paid the SC, but for those who owe big amount of money but can't pay at one shot, then they must sign agreement with management, 2 options they can choose, pay upfront RM500 then subsequent months RM200 until all the debt settled, or if they can't pay up front RM500, then they should pay every month RM300 until all debt settled. so far the guard has been strict & doesn't open for those without tag, except postmen & delivery services, so if u see any biker which u suspect didn't pay but still manage to come in, do kindly provide info (such as date & time, or even unit number) so can investigate accordingly.

thanks.

Management Corporation :- said...

hi,

a cautious note....we are still waiting for the lawyer to send us the written detail on the 1st hearing, so that we can give residents a correct info, sorry if too excited & too inpatient for sharing the info without lawyer's confirmation.

thanks.