EcoWorld sold 90% of Phase 1 Harmoni Apartment; prices start from RM307,000 Registration

Divisional general manager Evon Yap Yoke Ching told TheEdgeProperty.com that she expects the first phase of the project to be sold out soon as many of the buyers were first-time homebuyers buying for their own stay as well as parents buying for their children.

There is a 4% early-bird discount starting today until 16 September, she added.

Sitting on 12.86 acres of land, Harmoni Apartment has a gross development value (GDV) of RM108 million with the first phase to be completed by early 2019.

The freehold medium-cost apartment project comprises 352 units in the first phase.

They are 3-bedroom and 2-bathroom apartment units in two 20-storey blocks which have a total of 900 units. They will be launched over several phases.

The apartment has a standard built-up size of 900 sq ft. Each comes with two parking bays, with one being open and the other being a covered parking bay. Selling prices start from RM307,000.

Amenities in Harmoni Apartment include a function room, swimming pool, children’s pool, playground, anti-climb fencing, guard house and multipurpose court. The maintenance fee is estimated at RM150 per month.

The covered parking bays will be in a multi-storey building that will be linked to the apartment blocks by a covered walkway.

The macro environment of Harmoni Apartment is one of the main attractions. Amenities nearby include a Tesco Extra at Jalan Semenyih, Tenby International School at Setia EcoHill, Nottingham University and Kesuma Industrial Park.

 

The upcoming township

The 1,089-acre Eco Majestic is a fully gated-and-guarded freehold township, inspired by the grace and beauty of the Straits Era.

So far the township launches have mostly been of landed properties. These include Gentlebre (182 units), Cradleton (612), Tenderfield (576), Merrydale (586), Ivoris (102) and Brighton (46). Gentlebre and Cradleton are scheduled for completion this year while Merrydale, Tenderfield and Ivoris will be completed in 2017.

Prior to Harmoni Apartment, EcoWorld had launched Simfoni Apartment which was launched under the Rumah Selangorku affordable housing scheme and the medium-cost Karisma Apartment.

Simfoni Apartment offered 870 units in three blocks of 11-storey residential towers. Priced at RM100,000, they have built-ups of 750 sq ft. Subsequently in March this year, EcoWorld launched Karisma Apartment that offered 750 apartments with three bedrooms and two bathrooms, with built-ups of 800 sq ft. These units are priced at RM260,000 and come with two parking bays.

According to Yap, the take-up rate for EcoWorld’s Karisma Apartment and Simfoni Apartment stood at 95% and 60% respectively.

“We are building up the critical mass for the commercial area at the 150-acre Majestic City Commercial Centre,” said Yap, adding that 2-storey shop offices at Majestic City will be launched by the end of this year.

Eco Majestic is linked to Jalan Semenyih via the East Gate and Lebuhraya Kajang-Seremban (Lekas Highway) via the North Gate.

Next month, the West Gate will be opened to connect to the Eco Majestic interchange on the Lekas Highway. The developer is also targeting to launch the second phase of Harmoni Apartment then.

 

For more information on Harmoni Apartment, contact EcoWorld at +603 8723 2255.

 

Grand entrance statement to Harmoni Apartment.

 

Sales begins for Sky Suites @ KLCC; the hottest investment property of the year? Registration

Developer Timeless Realty Sdn Bhd has unveiled Phase 1 of its latest city centre development called Sky Suites @ KLCC. Based on its development submission, the developer name used was Phoenix Storm Sdn Bhd.

Timeless Realty Sdn Bhd is an associated company of the City Associates Group, often referred to as CA Goh & Associates in Penang or the Monoland Group in Kuala Lumpur.

According to a seasoned property investor, the location of Sky Suites @ KLCC is exceptional. It lies fronting Jalan P. Ramlee and is surrounded by corporate office towers, luxury hotels, entertainment hubs, dining outlets, public transports and a mere 5-minute walk to Suria KLCC’s main entrance.

The Sky Suites @ KLCC development consists of 986 units of serviced apartments housed in three blocks of 62-storey blocks (Tower A, B and C).

Sitting infront of them is a fourth block, oval-shaped and standalone, of 45-storey, 200-unit serviced residences with reception (Tower D). Tower D was originally planned for 352 rooms of hotel suites.

The triplet-towers are connected by a Marina Bay Sands-styled roof terrace known as “Sky Park” at Level 61 and 62, potentially making it a new iconic landmark in the city centre.

The Sky Park will contain facilities such as sky health spa, sky infinity pool, a glass-boxed sky gym, sky terrace lounge with music, sky cafe restaurant, sky bar and others.

For the use of Sky Park, residents will need to pay additional monthly charges in addition to its monthly maintenance fees.

The towers will sit on a 5-level carpark podium including 3 levels of commercial floors containing a range of lifestyle offerings that include restaurants, cafés, sports bars, KTV and entertainment outlets. The fourth tower will host a thematic club on its first and second floors.

The triplet-towers contained 330, 326 and 330 units respectively, with almost 700 units in Phase 1 have been successfully allocated to its priority and loyalty customers.

Unit sizes start from 589 sf to 890 sf. Below are the composition of unit types:

  • Type A1 – 845 sf (3 Bedrooms / 2 Bath)
  • Type A2 – 887 sf (3 Bedrooms / 2 Bath)
  • Type A3 – 849 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type A4 – 890 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type B1 – 795 sf (2 Bedrooms / 1 Study / 2 Bath)
  • Type B2 – 650 sf (2 Bedrooms / 2 Bath)
  • Type B3 – 649 sf (2 Bedrooms / 2 Bath)
  • Type B4 – 649 sf (2 Bedrooms / 2 Bath)
  • Type C1 – 845 sf (3 Bedrooms / 2 Bath)
  • Type C2 – 887 sf (3 Bedrooms / 2 Bath)
  • Type C3 – 849 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type C4 – 890 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type D1 – 818 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type D2 – 825 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type E1 – 649 sf (2 Bedrooms / 2 Bath)
  • Type E2 – 649 sf (2 Bedrooms / 2 Bath)
  • Type E3 – 589 sf (2 Bedrooms / 2 Bath)
  • Type E4 – 589 sf (2 Bedrooms / 2 Bath)
  • Type F1 – 818 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type F2 – 825 sf (3 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type G1 – 687 sf (2 Bedrooms / Dualkey Master Bedroom / 2 Bath)
  • Type G2 – 710 sf (2 Bedrooms / Dualkey Master Bedroom / 2 Bath)

Phase 1 price begins from RM1,100 psf with no rebates. All units will come partially-furnished with fully-fitted bathrooms, biometric lock to main door, designer kitchen cabinets and appliances and aircons.

Likewise other developments in the city centre zone, no carpark bay will be provided attached with the unit hence a resident with car will need to pay parking fees on monthly rental basis.

Due to good response, buyers will need to issue payment for 10% downpayment and sign SPA within a week; thereafter preparing for a second progressive payment within another week.

PTLM Research has recently surveyed the site. We noted that the construction of Sky Suites @ KLCC has reached several levels of its commercial podium. Below are extracts of information from www.skysuites-klcc.com.

 

KL’s version of Marina Bay Sands. Sky Park at Sky Suites @ KLCC.

 

 

Type A1 – 845 q ft (3BR) and Type A2 – 887 sq ft (3BR).

 

 

Type A3 – 849 q ft (3BR/Dual-key) and Type A4 – 890 sq ft (3BR/Dual-key).

 

 

Type B1 – 795 q ft (2+1BR) and Type B2 – 650 sq ft (2BR).

 

 

Type B3 – 649 q ft (2BR) and Type B4 – 648 sq ft (2BR).

 

 

Type C1 – 845 q ft (3BR) and Type C2 – 887 sq ft (3BR).

 

 

Type C3 – 849 q ft (3BR/Dual-key) and Type C4 – 890 sq ft (3BR/Dual-key).

 

 

Type D1 – 818 q ft (3BR/Dual-key) and Type D2 – 825 sq ft (3BR/Dual-key).

 

 

Type E1 – 649 q ft (2BR) and Type E2 – 649 sq ft (2BR).

 

 

Type E3 – 589 q ft (2BR) and Type E4 – 589 sq ft (2BR).

 

 

Type F1 – 818 q ft (3BR/Dual-key) and Type F2 – 825 sq ft (3BR/Dual-key).

 

 

Type G1 – 687 q ft (2BR/Dual-key) and Type G2 – 710 sq ft (2BR/Dual-key).

 

What you need to know about Home Loans Registration

Among these banks, Maybank was the first to react. The bank lowered its BR and BLR by 20 basis points to 3% and 6.65%, respectively, with effect from 15 July.

Subsequently, Ambank, CIMB, Public Bank, Hong Leong Bank, RHB and Affin Bank reduced their BRs and BLRs as well.

The cost of loans will be lower as banks decrease their BRs, making current borrowers and property buyers the winners, Ideal Mortgage Specialist Sdn Bhd head of marketing Vincent Ching tells TheEdgeProperty.com.

Banks reduce their BRs in order to maintain their competitiveness, he says. “Normally, when one bank lowers its BR, other banks will follow.”

With the current relatively low interest rate environment and with more BR cuts expected in future, should a first-time homebuyer be motivated to consider buying property now?

In such a competitive financing environment, how does one choose a loan with the so-called “best interest rate” or that best suits one’s repayment needs?

Ching says that based on the current soft property market, there may be some great deals.

“Besides the BR cuts, first-time buyers can also take advantage of the various schemes such as MyDeposit, My First Home Scheme, PR1MA, RUMAWIP and so on. But bear in mind, for first-time buyers, it is important to buy within their financial capabilities,” he says.

However, The National House Buyers’ Association (HBA) honorary secretary-general Chang Kim Loong says that a reduction of 25 basis points in the BR is not material, and prospective house buyers must carefully assess their ability to repay the monthly loan obligations and only go ahead with the purchase if they are certain that they have no problems in servicing the loan instalments.

“Although the reduction is very much welcomed, it cannot be the deciding factor on whether a prospective house buyer should pursue their dream home,” he says.

In choosing a home loan, Chang advises potential house buyers to check out  as many banks and financial institutions as possible to gauge the best terms as different banks have different criteria and risk appetite.

“Prospective borrowers will need to compare the rates received from the various banks and the terms and conditions attached to the loan before shortlisting the bank with the best package for them,” he added.

Ching concurs that homebuyers have to scrutinise a few banks first before shortlisting two to three banks.

 

“Banks assess each applicant individually based on nett income, commitment, repayment, etc, before determining whether he/she is qualified to borrow the desired amount,” he says.

“Banks have many considerations for loan approvals but the rates offered by them are generally about ±0.1%-0.2%,” he adds.

According to Ideal Mortgage Specialist Sdn Bhd senior marketing manager Steven Cheong, banks usually set the interest rate on a mortgage based on two factors. First is the loan amount. Second is the borrower’s credit profile. “If the credit score is good, the buyer may get better interest rates, and vice versa,” he offers.

RHB Banking Group head of group retail banking U Chen Hock says that mortgage interest rates differentiation among the various banks in the country is currently negligible due to the prevailing competitive landscape of the industry.

 

Fixed and floating rates

There are basically two types of interest agreements on home loans: fixed and floating.

The fixed agreement refers to the fixed interest rate on the product that remains constant throughout the lifetime of the facility.

“This product offers peace of mind knowing that the pricing will remain the same throughout the loan tenure. Such a premium feature however, comes at a higher pricing compared with a floating rate product,” U says.

On the other hand, a floating interest rate home loan comprises a variable component, namely the BR. The interest rate is expressed as BR plus spread. The BR will be subjected to fluctuations in the event of movements in the benchmark cost of funds, he explains.

Besides the OPR movement, factors that will affect the BR also include the borrower’s credit profile, and the bank’s operating cost and profit margin.

U says that due to the current accommodative interest rate environment, most mortgage products are offered as floating rate schemes.

 

Conventional and Islamic loans

There are two concepts of mortgage in Malaysia — the conventional loan and the Islamic loan. To comply with Shariah principles, the Islamic loan must comply with Al Bai Bithaman Ajil (BBA), Musharakah Mutanaqisah, Musharakah and Ijarah contract, explains Ching.

Both the loans are divided into three categories — flexi, semi-flexi and non-flexi. Compared with conventional loans, Islamic loans have a few advantages.

“There is a 20% stamp duty discount for Islamic Loan Agreement documents, and the so called interest rate of Islamic loans are capped at a ceiling rate of up to 10.75%,” says Ching.

Also, when refinancing from a conventional mortgage to an Islamic one, there is a 100% stamp duty waiver on the existing refinancing loan balance, Ching adds.

Furthermore, in contrast to conventional loans, which usually have a three-year lock-in period, most Islamic home financing packages do not have a lock-in period.

During the lock-in period, borrowers are not allowed to refinance or fully settle their loans unless they pay a penalty of 2% to 3% on the loan outstanding.

 

Flexi, semi-flexi and non-flexi loans

Home loans are also categorised as flexi, semi-flexi or non-flexi loans. “Flexi” features give greater flexibility, namely the ability to make additional payments over the monthly instalment amount. The additional payments will be used to immediately offset the principal balance outstanding resulting in interest savings, explains U.

In addition, the prepaid amount can be used in future if the need arises by redrawing against the accumulated prepaid amount, he says.

“With the two features, mortgage products are now becoming transactional products that enable customers to prepay and redraw at any time, as opposed to a typical loan that limits transactions to only monthly instalments,” U adds.

Under a normal non-flexi mortgage, however, borrowers are not allowed to do any prepayment and redrawing, he adds.

As for semi-flexi loans, a borrower can do prepayments but they have to serve a two-day notice to the bank if they want to redraw from the prepaid amount.

Ching suggests that borrowers go for the semi-flexi loan instead of the flexi loan as the latter may incur extra costs.

“Some banks will charge the flexi loan borrower a set-up fee of RM200 and a monthly maintenance fee of RM10, so these are the extra costs,” he notes. And if a borrower doesn’t make additional payments, he or she will not benefit from the interest savings feature of the flexi loan but would have incurred more cost anyway, he adds.

Ching says buyers need to find out all the costs involved in buying a property to avoid buying something they can’t afford.

“The main reason buyers face difficulties getting a mortgage is because they are buying something they can’t afford,” he says.

Besides the cost of a property, buyers should know that there are other costs like down payment, stamp duty and valuation fees, Cheong adds.

 

How to choose?

When deciding on the type of mortgage, HBA’s Chang reckons that there should be no real difference to the borrower whether their housing loan is under the conventional financing or Islamic financing.

However, the borrower should ensure that early redemption or repayment of the facility is allowed under the Islamic financing facility as the previous generation of Islamic financing by certain banks did not have provision for early redemption which posed problems to borrowers wishing to settle their housing loan early or to dispose the property, he adds.

The choice of a fully-flexible loan or semi-flexible loan account depends on the needs of the borrower, he offers.

“If the borrower prefers to make regular pre-payments and withdrawals, then a fully-flexible loan account is more suitable. But if the borrower is not going to make regular pre-payments or withdrawals, then a normal semi-flexible loan account would suffice.”

Ultimately, borrowers should choose what suit their lifestyles and requirements.

 

Base rates and effective lending rates

In a mortgage, the effective lending rate refers to the rate that a consumer pays for a loan facility.

Meanwhile, the BR is determined by the financial institutions’ benchmark cost of funds and the Statutory Reserve Requirement (SRR).

Other components of loan pricing such as the borrower’s credit risk and liquidity risk premium, and the bank’s operating costs and profit margin will be reflected in a spread above the BR.

According to BNM’s website, the Base Rate (BR) replaced the Base Lending Rate (BLR) as the main reference rate for new retail floating rate loans effective 2 January 2015.

The effective rates come under the cost-plus structure which is translated into the “BR + spread”.

“Since the introduction of the new framework, all financial institutions now have their own independent published BR and spreads,” says RHB Banking Group head of group retail banking U Chen Hock.

A revision in the BR will impact the effective lending rate of a mortgage facility, thus it would entail a revision of the instalment amount, U adds.

The spread on the other hand is fixed upon entering a mortgage contract, unless there is a change in the risk profiling of a borrower particularly due to deterioration of the mortgage account, which includes non-servicing of the monthly instalments, he notes.

“Under such circumstances, the financial institutions are allowed to vary the spread to reflect the risk of the mortgage account,” U says. “Such provisions are reflected in the Letter of Offer and consumers are advised to peruse the terms.”

 

This story first appeared in TheEdgeProperty.com pullout on 12 August, 2016.

SCP Group plans The Societe office suites in the heart of Desa Sri Hartamas Registration

The car park has been closed for the past few months. Most recently, a project notice board has been placed on the site stating the proposed development of a 33-storey office block on the 0.54 acre site.

According to VPC Alliance managing director James Wong, the plot of freehold land has been sold to SCP Traders Square Sdn Bhd, a company under the SCP Group, in February for RM1,107 psf or RM26 million.

“We consider the selling price reasonable, reflecting its commercial use,” he told TheEdgeProperty.com.

According to the notice board, the proposed development will include two floors of underground car parks, a facilities floor with shops, seven floors of above ground car parks, one floor for the management office, 22 floors of offices comprising of Flexi-Offices and SoHo Offices, and two office lounges on the top floor.

The proposed project name is The Societe @ Desa Sri Hartamas.

SCP Group was formed in 1999 and is predominantly involved in property investments such as car parks and office buildings.

In 2011, the company diversified into property development and snce then it had developed an impressive portfolio in Kuala Lumpur, Shah Alam and Kota Kinabalu. For more information about the developer, visit SCP Group profile page on PTLM.

 

ViiA Residences at KL Eco City to be launched this month at RM1,600 psf Registration

According to KL Eco City divisional general manager Tony Ling, the leasehold serviced apartment development, which carries an estimated gross development value (GDV) of RM450 million, will offer 326 one-, two- and three-bedroom units with built-up sizes ranging between 650 sq ft and 1,300 sq ft.

“The selling price averages RM1,600 psf, which is a new benchmark pricing for such properties in the Mid Valley and Bangsar areas,” he told TheEdgeProperty.com.

ViiA Residences is S P Setia’s second serviced residence in KL Eco City.

S P Setia launched the first residence in KL Eco City back in 2012. The 708-unit Vogue Suites was sold at an average selling price of RM1,300 psf. It has since been fully taken up.

The 40-storey ViiA Residences is part of the 25-acre, 10ha KL Eco City transport-oriented development (TOD) which features pedestrian link bridges that connect the residential towers to the Light Rapid Transit (LRT) station, Mid Valley City as well as The Gardens shopping mall.

The project is surrounded by Grade-A office buildings, a 252-room four-star business hotel, 3 million sq ft of prime office space, a 200,000 sq ft retail mall and a unique two-tier road system.

Ling noted that in future, those who stay or work in KL Eco City could have access to the LRT as well as KTM stations and malls within just a 10- to 15-minute walk.

“We are targeting high-income young professionals aged between 30 and 45 years old who want a vibrant city lifestyle and are looking for a home in an integrated development, which offers various facilities and amenities within walking distance,” he added.

Construction will begin by end of this year with expected completion by 2020.

ViiA Residences will be sold on a 10:90 package, which means that the homebuyer pays only 10% of the price and the rest upon completion of the home after he takes vacant possession, example in 48 months time.

Meanwhile, S P Setia has offered the public a sneak peek into ViiA Residences through a mobile gallery, which has been making its rounds in the Klang Valley since 17 June and is expected to continue until 23 August.

Ling said via the mobile gallery, the project has received overwhelming response from the public with 3,000 keen buyers having registered their interest.

On future developments within KL Eco City, he noted that there will be two more residential phases and a 42-storey office block — the highest tower in the integrated development — which are all slated to be unveiled next year.

ViiA Residences @ KL Eco City

View the embedded image gallery online at:
http://www.ptlm.com.my/index.php/component/k2/11-insider/viia-residences-at-kl-eco-city-to-be-launched-this-month-at-rm1-600-psf#sigProIda99a2e9f71

 

 

News Source: The Edge Property, 10 August 2016

Pavilion KL’s retail mall extension plans opening in November Registration

The project, a joint venture project between the Pavilion Group and Qatar Holdings LLC, sits on a 1.29-acre (0.52ha) parcel of land between Grand Millennium Hotel KL and Pavilion KL in the Bukit Bintang area.

It comprises a 10-floor retail podium with net lettable area of 250,000 sq ft, and a 50-storey serviced apartment tower.

The retail podium is targeted to open in November.

The mall will be managed by Kuala Lumpur Pavilion Sdn Bhd. Its chief executive officer (retail) Joyce Yap Soh Ching said the mall has managed to secure more than 85% occupancy rate, despite the challenging operating environment.

“This proves that the demand towards retail space in (the) prime area of Bukit Bintang is still promising,” she said.

When fully tenanted, Yap said Pavilion Elite will feature over 70 brands across its retail podium, with a retail mix of fashion (40%), food and beverages (30%) and urban leisure (30%).

“The opening of Pavilion Elite is set to add vibrancy, choice and variety to the industry, and will complement and enhance the total retail and lifestyle experience of Bukit Bintang,” she said.

“This would further transform it (Bukit Bintang) as one of the world’s top tourism destination,” she said.

Yap said the new mall will house Southeast Asia’s biggest stores, new concept stores and large format flagship stores.

“The project will indeed be a testament to retail experience in Bukit Bintang,” she added.

Among the tenants will be Collection of Style (COS) which is owned by Hennes & Mauritz AB (H&M), VLV Life, The Wallet Shop and Simmer Huang, which will open its first store in Malaysia.

Others include ABC Cooking Studio, The Planet Traveller (both the first and largest flagship store in Malaysia), and Coach (Southeast Asia flagship store).

On whether the parent company plans to inject Pavilion Elite into Pavilion Real Estate Investment Trust (REIT), Urusharta finance director Lee Whay Hoong said that would be up to the company’s shareholders.

“It would not be injected into the REIT anytime soon,” he added.

 

List of Announced Tenants (as of 5 August 2016):

1. Coach (relocation)

2. COS

3. JD Sports

4. MNG Mango (relocation)

5. Muji (relocation)

6. ABC Cooking Studio

7. Huawei

8. LEGO Store

9. Simmer Huang Chinese Food

10. The Planet Traveller

11. Toys “R” Us

12. Machines

13. VLV Life

14. Bonia (relocation)

15. BRIC’S Milano

16. Running Lab

17. Levi’s (relocation)

18. Lorna Jane

19. Esfolar

20. MIDO Swiss Watches

21. Rimowa (relocation)

22. Samsonite (relocation)

23. TSL Jewellery (relocation)

24. Hair Quarters

25. Laneige

26. Melur & Thyme

27. Brownies Bar

28. Acme Bar & Coffee

29. Dolly Dim Sum

30. Chatime (relocation)

31. J&D Espresso

32. Juicee

33. Garrett Popcorn

34. Sanook

35. Softsrve Ice-Cream & Dessert Bar

36. Simple Life Healthy Vegetarian Restaurant

37. V-Delight Vegetarian Restaurant

38. Haruyama Japanese Cuisine

39. Dip N Dip Chocolate

40. Mon Kee Confectionery

41. KFC (relocation)

42. Pizza Hut (relocation)

43. Nando’s (relocation)

44. U Mobile

45. myNews.com

 

Homebuyers’ association sues Ministry of Housing over late delivery of property Registration

The National House Buyers Association (HBA) has declared that it will be pursuing legal action against the Ministry of Urban Wellbeing, Housing and Local Government (KPKT) with regard to a project called Palace Court in KL, developed by BHL Construction Sdn Bhd.

The decision, said the association, is so it can challenge the existence of Extension of Time (EOT) issued by KPKT to the developer, which has denied unit buyers the rights for entitlement of compensation in the form of liquidated ascertained damages (LAD) for the delay in delivering vacant possession of purchased units.

According to HBA’s honorary secretary-general Chang Kim Loong, the claim of LAD for late delivery is a well-recognised right and is clearly mentioned in the sale and purchase agreement (SPA).

“Such rights and entitlement were taken away by the Controller of Housing of KPKT when the EOT was issued to the developer,” he said.

Chang explained that the issue of granting of EOT has been a long-running point of contention, as it has been utilised to the benefit of developers and delayed housing projects on countless occasions.

“The granting of a 12-month EOT to the developer effectively extinguishes purchasers’ claims to compensation,” he explained.

Chang said HBA has brought together a team of 12 lawyers to help take action on behalf of the buyers through a Judicial Review process at the High Court.

“We want to challenge the existence of an EOT in this case, because we believe the main reasons given for its issuance are simply not justified,” he said.

He noted that two sets of cases had been filed this week, and lawyers from HBA stand ready to aid the 120 affected house buyers on a pro bono basis.

The project, located in Jalan Kuchai Lama and close to the Taman Desa neighbourhood, comprises two blocks of 23-storey residential condominiums totalling 496 units.

According to buyer Darren Ang, the project was supposed to have been handed over to him in May 2015, but there was no communication from the developer about delays or anything.

“In March this year, there was a memo from the developer saying that the LAD claims would be processed for the buyers,” Ang said.

However, in April, the developer informed affected buyers that they would not proceed with claims as they had obtained the EOT from the National Housing Department, which falls under the purview of KPKT.

Ang said that the developer’s intention is doubted, as the letter of approval for the EOT was dated 17 November 2015, but they failed to make mention of it even in the March 2016 memo it circulated.

Chang said that the Controller of Housing has given a 12-month EOT to the developer. This scenario robs all the unit buyers of their rights, benefits and entitlements under LAD for late delivery.

In addressing the case, HBA will be invoking Regulation 11(3) of the Housing Development (Control & Licensing) Regulations 1989 (HDR).

Regulation 11(3) stipulates that the Housing Controller has the power to allow modification or changes to the prescribed format provided that the Controller is “satisfied that owing to special circumstances or hardship or necessity, compliance with any of the provisions in the contract of sale is impracticable or unnecessary”.

He or she may, by a certificate in writing, waive or modify such provisions – provided that no such waiver or modification shall be approved if such an application is made after the expiry of the time stipulated to deliver vacant possession.

Chang said that the power given to the governing authority, just like other discretionary powers, must not be misused and the Housing Controller must understand and be mindful of the purpose of housing legislations so as not to affect such purpose, and undo accrued rights, and make a mockery of Parliament.

He said that in this case, the Housing Department did not disclose the grounds on which the EOT was given, nor invite affected purchasers to state their objections.

“No reasonably-minded person, let alone the Housing Minister and those under his charge, can possibly imagine that the powers given are meant to be used against the interest of house buyers, let alone blatantly take away house buyers’ rights which are expressly and clearly conferred on house buyers,” Chang said.

He added that the Housing Development (Control & Licensing) Act, 1966 (Act 118) and its Regulations, where the statutory forms for contracts of sales are prescribed, have been tweaked and tuned on several occasions.

“Be mindful that it reads ‘An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers and for matters connected therewith’,” Chang said.

 

News Source: Property360 Online, original article written by Roznah Abdul Jabbar dated 2 August 2016