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Apartment leaking problems not yet solved for 2 years!

1125 Views  ⚫  Asked 13 Years Ago
asked on Apr 26, 2005 at 04:47
by   frustrated
edited on Aug 12, 2017 at 08:17
 
This has been giving nightmares to me. My second hand apartment has been 10 years old, the water leaking problems have already deteriorated my walls and ceilings with water marks and even fungals! Despite numerous complaints to both the upper unit and management of the apartment, nothing is solved.  The management said it is not their responsibility as the warranty lapses.  The neighbour said he would not pay a single cent to solve my problem because it's not his problem! Maybe they see me as a lady and it's easy to bully.  I urgently need advice from lawyers and whoever have encountered such experience.

This problem does not only happen to my unit, but many units. In developed countries, e.g. Canada and the States where the consumers' right and awareness are very strong, the property owners sued the property management for damages and won the case.

Why it never happen in Malaysia? Please help...
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6 Answers

answered on Apr 27, 2005 at 14:15
by   common sense
edited Aug 12, 2017 at 08:18
 
Firstly, it is not unusual for an affected person letting personal emotion clouded the real issue.  Whether your preception that you were bullied because you are a woman, I believe is rather irrelevant.  Same for many units also been affected by the same problem.  The rights and awareness in the "developed" nations "never" happened in Malaysia is merely an irrelevant point.  The "rights" in the developed nations may have the rights conferred by legislations of the land.  How do you know the existence or absence of such legislations in Malaysia?

Your issue apparently is related to strata title.  I would suppose there is a statute law [law made by Parliament or through delegation to the local authorities] probably called Strata Title Act governing the rights and obligations of the strata title units.  Basing on my understanding of other common law countries, the water pipe running through the units is treated as "common property" and under the jurisdiction of the property management corp whom would have the responsibility to maintain using its own funding paid by the unit holders.

The issue does not seem to be a warranty one, rather it is an issue property corp of a strata title property obligation to the unit holders.

Apparently, you are pointing on your above floor unit owner as the source of the problem.  How to know in certainty your view is correct?  You may not have access to your upper floor unit to determine it is the source of the problem.  It looks like your action lies with the property corp.  From your posting, you only made verbal complaints.  This may, not necessary will, have the problem of evidence if this matter is brought to judicial resolution.

Your action perhaps is better to issue written official notification to the property corp. seeking its definite reply on the questions that this is a matter of their obligations, the course of action they are going to take and the expected completion time to rectify the problem.  Should this failed, you may bring this matter to a tribunal or court for resolution.

Hope this general comments would help you in evaluating your approach.  Never forget, this is your problem and it is your prerogative to handle it in your own way.  No one is assumed for this responsibility and you are also not paying for it.
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answered on Apr 27, 2005 at 15:29
by   frustrated
edited Aug 12, 2017 at 08:19
 
First of all, thanks for your reply. I am a law illiterate, that's why I am here to seek advice. I have spoken to the management and visited the upper units three times accompanying by the maintenance workers.  Apparently, the maintenance workers did something but it did not solve and now become worse.  The General Manager even told me that it was NOT their responsibility to repair the interior of the apartment i.e. the tiles/cemented floors of the upper unit.  I did write to them one year ago and personally handed over to the General Manager but he did not want to keep the letter.  So what can I do if they ignore my written complaints?  The workers are not qualified to do such repair jobs.  I asked them to get contractor to fix the things, they asked me to pay for it.  The 'tidak apa' attitude has given a lot of stress especially the fungus is now smelly.  Thanks for your reply again.
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answered on Apr 30, 2005 at 04:06
by   frustrated
edited Aug 12, 2017 at 08:25
 
After reading his reply, I was thinking that I shouldn't have posted my predicaments here as if I was the wrongdoer. To my disappointment, I felt that I need to pay before receiving any so-called professional advice over here.
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answered on May 1, 2005 at 12:07
by   LoyerBrook
Based on your information provided, we could understand how frustrating you are dealing with such problems especially complaints had fallen into deaf ears.

My suggestions are:

1. Firstly, you should write an official letter stating completely all problems including: When, Where, Who, What, Why and How etc. of all previous complaints made to the Management and the Apartment Unit above yours.

2. Secondly, Don't overlook the Power and Authority of District Office. Hand in By Hand to the District Office in your Area and request Acknowledge Receipt of your letter.

Carbon Copies of the said letter to the following Departments by Registered Post: The Ministry of Local Housing, Housing Controller, House Buyers' Association, The Consumers' Association, The Management of the Apartment.

3. Thirdly, try to form a Residents' Committee by gathering all other people facing the same problems, unite and voice your grouch as one.
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answered on May 1, 2005 at 13:00
by   common sense
I am not surprised "frustrated" misdirected herself on my comments given to her posting.  Where is your reference for attributing to me saying you are the wrong-doer?  The fact remains that it is your prerogative in deciding how and what you want to handle your own matter.  You are given for a favour only, naturally there is no contractual obligation others would take responsibility for your own affair.

Professional advice?  It is what you claim it to be.  It is more likely that you expect others to take your problem and blame for when it does not turn out what you desire to be and you want it free.

For a start, you have made many assumptions without supporting with facts.  In a court of law, you will not be given sympathy just because you are a "lady".
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answered on Aug 9, 2014 at 02:49
by   Sasha
Any solution to the original issue posted.
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