Saturday, April 11, 2009

Managing Defaulters - CARROT or the STICK?




My last couple of posts in this blog has been to promote safety and security awareness within Taman Mutiara Puchong and of course not forgetting all the other readers where ever they may reside at as safety and security should always be on top of everyone agenda in day to day life.

In times of economic uncertainty, crime rate will increase and as such we have to be more vigilant and responsible in ensuring that all necessary precautions have been taken to prevent such activities from taking place and especially to us. Prevention is the CURE and not the usual saying of "Prevention is better than a cure".

With the above reiteration of some of my previous posts main points, I am inclined to use this blog space to address the issue of "DEFAULTERS" of service fee payments in Taman Mutiara Puchong, with the intention of drawing upon the support and feedback of all the socially responsible residents whom are paying. Mind you majority of residents in TMP are responsibly paying the monthly service fee but it is unavoidable that we still have a handful of people that pays late, which is of course the norm and also a small group that thinks they are above the law and wants to go the full distance with the authority in what ever issues.

The latter is the group of people I am most concerned about as their current action or inaction in fulfilling their moral obligation and responsibility of owning a property in TMP is something all of us paying owners in TMP must come together and address.

Below are the current implementations of action to be taken against defaulters in TMP:
1. Issue reminders if payment not received after billing due every 14th of the month
2. If payment not received after 3 months ACCESS CARD BARRING will be exrcised accordingly. (Access card barring exercise will be done once every 2 months effective after the 15th April 2009 barring exercise).
3. If payment not received after 6 months LEGAL NOTICE will be served accordingly to the said unit owners.
4. Telephone reminders were made during the above said time frame to all defaulters.
5. SMS REMINDERS have also been implemented recently as this is a more personal approach as well as cost saving, efficient and more environmentally friendly as oppose to printing notices and sending to every household plus banners.

After much discussion amongst committee members in the Residents Association, the following suggestions have been voiced out to ensure that proper measures are taken to further educate the defaulters first and upon such measures failing only stronger methods will be enforced to maintain fairness with firmness to ensure equality for all unit owners (majority).
A) Final appeal letter from the RA to settle the amount in arrears and to meet the unit owner to discuss and settle the issue amicably if need to out of goodwill as fellow residents.
B) Hiring of legal counsel to further demand payments by issuing DEMAND LETTER and to take waht ever legal action accorded by law to take against such defaulters
C) Barring entry of visitors of the said defaulters by not allowing their vehicles entry. They can enter only after registering at the guard house but their vehicles are not allowed in. All privileges accorded to a gated and guarded community resident will be taken away.
D) Guards will not patrol houses without security tags but special attention will only be given to houses with SECURITY TAG.
E) The soon to be setup BUSINESS COMMUNITY NOTICEBOARD will only allow participation from prompt pay master of the monthly service fee to advertise businesses within the community for the community.
The above are just some of the suggestions put forth and the RA are still looking into more alternatives to bring to task a certain number of defaulters not acting in the best interest of the entire community.
It is every unit owners obligation to contribute the said monthly service fees from the date of "VACANT POSSESSION" irregardless of whether it is rented out or empty. There are no excuses that will justify not paying as from the very beginning it is a known fact by any home buyers that a gated and guarded housing development will have monthly committment fees payable i.e. condominiums and other gated and guarded housing developments. It is even stated in the Deed Of Mutual Covenants plus House Rules guidebook given to each and every home owners.
At the end of the day after all that is said and done, the RA of TMP just wants to ensure equality, fairness and rule of law, for without TMP will one day become one of the many casualties of a gated and guarded community that will be overun with crime and disorder which is not in the best interest of good law abiding citizens of Malaysia.
PLEASE FORWARD ALL YOUR COMMENTS IN THIS BLOG TO FURTHER EXPLORE OTHER ALTERNATIVES AND IDEAS WHICH CAN BE PUT INTO ACTION TO FURTHER SAFEGUARD THE QUALITY AND LIVING STANDARDS IN TMP.

ONE VOICE ONCE COMMUNITY FOR SAFETY AND SECURITY

3 comments:

  1. Since the houses in TMP have thier own individual title, the Deed of Mutual Covenant has never been brought to the attention of intended buyers. Even after the buyer has become the owner, he/she has never seen such Deed of Mutual Covenant! Is this new owner also bound by the Deed of Mutual Covenant?

    ReplyDelete
  2. The said DMC is a pre-requisite document in order for all owners in a housing scheme like Taman Mutiara Puchong. If you are a new owner it will depend if in Taman Mutiara Puchong whether you are in Phase 1,2,3A or 3B. This is due to the fact that the handover from the 24 months defect liability period for Phase 1,2 & 3A are concurrent hence all owners of the property in all these phase have signed DMC in accordance to the said requirements with the developer.
    Owners of units in Phase 3B however differ slightly as the owners will be signing the said DMC with the Residents Association as this parcel does not fall into the previous 24 months defect liability period plus CF and VP all issued after that. It is Interpile Sdn Bhd's sole responsibility to mention this to all new home owners and to have the said DMC prepared for the said new owners working in tandem to ensure that all owners from Phase 3B comply and be a part of the community with such an iitiative to have all owners signed the DMC.
    The said DMC is usually signed together with the SPA and these documents are usually not scrutinised at all and mostly taken for granted.

    ReplyDelete
  3. The Developer's defect liability obligation is stated in the SPA and not DMC (if i am correct).
    Assuming the defect liability obligation is mentioned in the DMC, the defect liability period for phase 1 already expired. Therefore, when the 1st owner (who sign the SPA and DMC with the Developer)sold the house to the 2nd owner, he did not pass the DMC to the 2nd owner. This 2nd owner has never seen the DMC and he/she is not a party to the DMC entered between the Developer and the 1st owner. Furthermore, there no where in the SPA made between the 1st owner and the 2nd owner mention about the DMC.
    Why the 2nd owner need to pay these fees?
    (Note : I just want to know more and I am not trying to get the way out from paying these fees. For your infor, i pay the fees every month like you. In order not to create any trouble, you can choose not to post this comment and reply to me at kelly_tey@hotmail.com). Thanks.

    ReplyDelete

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