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24-02-2023, 01:39 AM
JB condo owners sue developer for 4-year delay in strata titles
JOHOR BAHRU
A total of 167 individuals, mostly foreigners, are suing a major condominium developer here for failing to deliver strata titles to luxury units purchased as promised in their sale and purchase agreements (SPAs).
The purchasers comprise individuals from Singapore (76), Malaysia (58), China (30), the US (two) and Indonesia (one).
The high-end Princess Cove condominiums, purchased at a cost of between RM900,000 and RM1.5 million each, were developed by the Chinese-owned R&F Development Sdn Bhd.
The company is a subsidiary of R&F Properties, a leading developer in China.Filed by solicitors Vin Sa & Ian on Feb 14, the suit claims the developer has failed to apply for subdivision of the building within six months of its completion as required under Section 8 of the Strata Title Act 1985.
The owners say the scheme was completed and issued with a Certificate of Completion and Compliance (CCC) in November 2018 and has been fit for occupation since.However, the owners claim the developer has failed to submit a proposed strata plan to the director of survey (JUPEM) within six months of that date as required under the law.
“The owners are seeking that the court direct the developer to submit to the authority all necessary documentation within seven days of its order.
“They also want the court to give a deadline for the individual strata titles to be issued by the Johor land office,” read the suit. In an affidavit of support, the owners said that despite several requests, the developer had either failed to provide a reasonable explanation for the lengthy delay or ignored their queries.
“In the event the company folds up or is wound up before the titles are issued, the owners will face huge difficulties and would likely have to incur expenses to secure the titles,” he said. The owners’ lawyer, G Vinodsagaran, confirmed that the suit has been served on the developer. Case management is scheduled to take place in the Johor Bahru High Court on March 20.
JOHOR BAHRU
A total of 167 individuals, mostly foreigners, are suing a major condominium developer here for failing to deliver strata titles to luxury units purchased as promised in their sale and purchase agreements (SPAs).
The purchasers comprise individuals from Singapore (76), Malaysia (58), China (30), the US (two) and Indonesia (one).
The high-end Princess Cove condominiums, purchased at a cost of between RM900,000 and RM1.5 million each, were developed by the Chinese-owned R&F Development Sdn Bhd.
The company is a subsidiary of R&F Properties, a leading developer in China.Filed by solicitors Vin Sa & Ian on Feb 14, the suit claims the developer has failed to apply for subdivision of the building within six months of its completion as required under Section 8 of the Strata Title Act 1985.
The owners say the scheme was completed and issued with a Certificate of Completion and Compliance (CCC) in November 2018 and has been fit for occupation since.However, the owners claim the developer has failed to submit a proposed strata plan to the director of survey (JUPEM) within six months of that date as required under the law.
“The owners are seeking that the court direct the developer to submit to the authority all necessary documentation within seven days of its order.
“They also want the court to give a deadline for the individual strata titles to be issued by the Johor land office,” read the suit. In an affidavit of support, the owners said that despite several requests, the developer had either failed to provide a reasonable explanation for the lengthy delay or ignored their queries.
“In the event the company folds up or is wound up before the titles are issued, the owners will face huge difficulties and would likely have to incur expenses to secure the titles,” he said. The owners’ lawyer, G Vinodsagaran, confirmed that the suit has been served on the developer. Case management is scheduled to take place in the Johor Bahru High Court on March 20.
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