Jalil Damai Apartments

[dan]

Dear All,

I am planning to take a legal suit against the developer and management on the security issues in our area.

Anyone else interested to join in, especially for those whose house was broken in before??

This problem has prolong for too long already and management has been pushing the ball to security and security is now pushing the ball back to developer and it seems that there is never a solution on this matter.

Even the committee does not seem to be helping us here now but treating the management and security like VVIP - look at the recent deeparaya!!

We pay the maintenance fee and the member fees for our committee membership but we are the one who has to line up for the food which is limited for us but then those ppl who has not been doing their job well is properly served and treated like some big shot of Jalil Damai Apartment.

For those interested to join in with me in this matter, please PM me ASAP!!

Appreciate if we could really work hand in hand hopefully to force developer to really look into this matter seriously rather than treating us like some stupid fools. In the end, we are the one suffering and who knows....now is all the break-ins but later on, I dare not think of the worst to happen like extortion.......especially for those who have children or babies......because it also happened before whereby the thief was even brave enough to break in when the owners are in the home asleep or even awake in the bathroom!!

Anyone who has experience or has contact to bring this matter up in the media, appreciate your feedback too.

[dan]

Legal Advice obtained, please refer to website below:

http://realestate.net.my/forum/viewtopic.php?p=67649#67649

[ttc]

i support you, i am from block F, anyone from block F has got break in case? i am going to fix the alarm and who's the next get break in then?

[rosc2y]

Agree whilst waiting for all the long process and action, need to protect ourselves. What alarm are you getting ? There's one I know off starts from RM539 wireless alarm. Vendor says a few installations in JDA - anyone using it got any comments ?

[dan]

Hi All,

I have spoken to a lawyer yday.

She advised that we gather together all the people who wants to join in to take legal action against the developer and management.

Especially for those whose house was broken in before, list down all your loses.

In the mean time, I have insisted from Management Office, Saravanan to give me a full report on the security on November 9, 2006 which should include how many guards on duty, how many round they have made around Block D and what time did they do the rounds. On top of that, I have also insisted that for him to give me our breakdown of maintenance fees which we have been paying ie. how many percentage goes to landscaping, security, cleaning etc.

Yday I have also written emails to TV3, Malay Mail and The Star about Jalil Damai. Keeping my finger cross that they will call.

I am also planning to write in to House Buyers Association to see whether we can get any assistance from them and if the media do not call, I am thinking of bringing this matter up to MCA just like the Apartments which got broken in Kepong on November 9, 2006.

By the way, about the legal suit, the lawyer did mention that the charges is about 25% - 30% of our claims. Therefore if we share the charges then it will not be so painful, however, I will still try to contact HBA to see whether we have other alternative. Otherwise, you guys have any suggestions??

Another thing, for those who are reading this, please also pass this message around to your neighbours especially those who do not have internet access and also a victim of burglary.

[zzhaynee]

call this number , the new president resident committee : Mr Raymond 012-6744141, looks like the new commitee have new startegy

[dan]

Some history of burglary cases at Jalil Damai Apartment(the number obtained from our Forum-http://jalildamai.greatboard.com and there are still unreported cases):

Date Block No of cases
09/11/2006 D 5
14/10/2006 D 1
04/08/2006 E & C 3
03/08/2006 C 2
11/07/2006 D 1
13/06/2006 B & D 2
30/05/2006 A 6
24/05/2006 C & B 4
16/05/2006 B, C & D 8
03/05/2006 D & C 3
27/04/2006 C 1
11/02/2006 E 3
10/02/2006 B 2
07/02/2006 B 2
15/12/2005 B 2
29/08/2005 D 3
Total 48

[dc]

[SF]

great work dan!!

looks like we have a case!! lets go for it!!

[dan]

Dear All,

I believe that most of you have received a letter dated 06/11/2006 from Bukit Jalil Development Sdn Bhd in regards to the insurance policy which have been forwarded to your financier.

In the letter it shows that there are 3 policy which are:
1) Burglary Policy
2) Public Liability Policy
3) Fire and Allied Peril Master Policy

Below info are extracted from PIAM website:
Under the Strata Titles Act, it is mandatory for the Management Corporation (MC) of buildings such as apartments and condominiums to purchase fire insurance for the whole building. The individual unit owner is required to pay to the MC his respective premium portion. If the unit is purchased through a loan, the financiers would also normally require the borrower to obtain an insurance policy for the unit. There is the possibility of a situation of double insurance under these circumstances.

However, if you have obtained the loan from a bank or finance company under the supervision of Bank Negara Malaysia (BNM), it has been agreed that borrowers will not be required to buy another insurance policy for their unit. Instead, these financial institutions will accept the insurance policy already purchased by the MC subject to certain terms and conditions. If your loan is not from a lending institution under the supervision of BNM, you will need to negotiate the insurance arrangements with the lending institution concerned.

Usually, a Master Fire Insurance Policy is issued to the Management Corporation for Strata-Titled Properties and the following are the minimum covers under the said policy:-

i) Fire
ii) Subsidence and Landslip
iii) Riot Strike and Malicious Damage
iv) Bursting or Overflowing of Water Tanks Apparatus or Pipes

(NB: Covers under items (ii), (iii) and (iv) are the minimum covers to be taken as required by the Association of Banks and the Association of Finance Companies of Malaysia).

Without the residents consent, the management has decided to buy additional policies and then bill us the premium?? Are we supposed to be paying for the additional premium which is not relevant to us??

I have confirmed with Commerce Assurance Bhd that the Burglary Policy is specifically NOT for residents property but only to cover Management Office and the common facilities. Subsequently, this is the Management Office responsibility and this should have already been covered in our "MAINTENANCE FEES". Therefore, please look out for your bills later on and to make sure that we are paying for whatever we are supposed to pay and to be cheated further by the management since they do not secure our property but only securing their own interest and we are the one paying them.

All in all, it is just like as if we are paying them to secure their own interest as well as letting them earn all our $$$ which we work hard for and welcoming robbers to Jalil Damai to rob off our security and valuables!!

[aaronfs]

bastards. i better call my bank now

[dan]

To add on further, since the insurance agent said that management bought the burglary policy for their management office and our common facilities, how come those bomba pipes being stolen.........until today no replacement??

What happened to all the claims huh???

Seriously, I think the Developer and Management is treating us like a fool and draining our hard earn money so easily, they are a even bigger conmen than the robbers!!!........am now suspecting whether are they behind the syndicate of the burglary or not.......

Anyone have any idea on the cost of the bomba pipes and how many has been stolen, I think if all of us were to group up to sue developer and management, this is going to be a huge sum of money and I think then we can form our own Management Corporation. From then onwards, hopefully Jalil Damai Apartment should be more DAMAI!

[dan]

Just some updates on the happenings:

Email from Lawyer:
After listening to your predicament, I contacted a close friend of mine who handled a similar matter successfully a few years back. Nick from the forum posted a description of the case. She has given me confirmation that she is willing to act as counsel.

As for the fees, I think a premature quotation would not be appropriate until I get to meet you (and the other residents contemplating action) to discuss the matter at length. In any litigation proceedings there are various steps. From the filing of the summons, to the summary judgment to the trial itself. Sometimes matters are settled between the parties before they even go to a full trial. However as mentioned to you on the telephone, if the matter runs its course to a full trial without too much delay from the other side (sometimes they delay by filing ridiculous applications) then the legal fees (not including disbursements) should be about 30% of the amount claimed.

Please feel free to contact me. Maybe we can set up a meeting sometime next week?

Regards
Cynthia Choo

The case she was referring to by Nick(http://realestate.net.my/forum/viewtopic.php?t=3709) as below:
nicklee
Joined: 15 Aug 2006
Posts: 59
Posted: Thu Nov 16, 2006 11:38 am

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GOT IT .........



The Star 8/05/2004 BY CHELSEA L.Y. NG

KUALA LUMPUR: A businessman whose bungalow in a gated community here was broken into has been awarded RM486,988 after the High Court held that the terms laid down in its brochures and sale-and-purchase (S&P) agreement had been breached.

Justice Azmel Ma’amor ruled that the developer, Kumpulan Sierramas (M) Sdn Bhd, and its management corporation were liable for the special damages suffered by Datuk Soo Lai Sing due to the lack of security at the Sierramas Resort Homes in Sungai Buloh, contrary to the promises made in the brochure and the S&P agreement.

The judge handed down the ruling on Thursday after deliberating on submissions by counsel for the parties. Soo’s counsel, Olivia Ho, had argued that representations made in brochures and newsletters which materialised into agreed contractual terms in the S&P agreement and Deed of Mutual Covenants dated March 17, 1995, were of probative value and should be considered by the court.

Soo, 53, who was also awarded interest on the damages sum, filed his suit in July 2000.

In the suit, he said he bought the bungalow unit in 1995 as he was attracted to the unique concept which promised excellent security facilities for its residents.

He said he even agreed to pay, upon delivery of vacant possession, a service charge stated in the S&P agreement in return of facilities, which included maintenance of security.

Soo, 53, moved into his home in October 1999 and at 8am on March 10, 2000, his house was burgled.

He lost close to half a million ringgit after knife-wielding robbers escaped with cash S$100,000 (RM250,000) and RM5,000, a shotgun, four Rolex watches, jewellery and other items.

There was undisputed evidence that the robbers had gained access into the housing estate by cutting through the electronic perimeter fencing, which was supposedly armed with an alarm system and CCTV cameras, he said.

Soo added that he had attempted to fix some fences as additional security to secure the premises, but this was objected to by the defendants on the grounds that the additional height contravened the terms of the Deed.

He said that after the robbery, the robbers managed to escape detection by the defendants’ security control.

He claimed that the misstatement and negligence by the defendants had caused him to incur losses and damages.

In their defence, the developer and the management company, represented by Maidzuara Mohammed, said they had informed the residents via their in-house newsletter, Berita Sierramas, about the malfunctions in the security system.

They said that residents had been reminded, through a circular, to take precautions to safeguard their valuables.

They denied any contribution to the losses or damages suffered by Soo.

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Please spread the word around to your neighbours and the victim of burglary as well as those who are interested to join in together to sue developer.

Please list down all your losses and your info and PM me your unit no, I will come collect all the necessary information for our further action.

[katml]

I would suggest to brought up this issue "Legal Action Against Developer & Management" to our Pro Tem Committee.

At least they are able to voice out to all the residents.
Guess some of the resident here not sure or not even met neighbours......
_________________
Katml

[dan]

Dear All

For your info, i have just met up with Malay Mail reporters.

They will call up Management and Developer for their comment then the news will be published hopefully within this week.

By then, no worries, we will print out a copy of the news and circulate it around JDA. I think by then, all residents should be aware.

Anything to add to the reporters, you may contact Sangeetha at 0123611276.

Zzhaynee, I have also given Raymond's HP No, they will contact him for more details.