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When dreams go wrong
19/11/1998 The Sun

Condominiums are supposed to epitomise all that the sophisticated and discerning house-buyers seeks, but it's not always what it seems, writes Irene Leong.

Many dream of owning a high-rise home that comes with features like security, parking, swimming pool and gym. The advertisements that sell the dream always sound so good and the picture they painted, oh, so exciting, but in reality, condo-living is not always a bed of roses.

Ideally, it epitomises all that the sophisticated and discerning home buyers seek - and indeed, some condo developers do deliver - but things can go wrong as many condo-dwellers in Malaysia can tell you. It could be due to failure on the part of the developer; at other times though it's having irresponsible residents in their midst that causes much hardship, not to mention results in the quality of life deteriorating - and the property value falling. Take the case of Le Chateau in Jalan Syed Putra.

A number of unit owners there have lodged police reports against the developer, Zamrud Properties Sdn Bhd, for selling them the units when proper documentation was not in order. The developer is said to have failed to obtain the Certificate of Fitness (CF) for Phase One and for not converting the land which Phase Two sits on from agricultural to residential status.

Buyers of the condo had paid between RM245,000 and RM500,000 for the units which were supposed to have been completed and ready for vacant possession in 1994.

Then there is the problem facing the residents of Tiara Kelana Jaya condominium in Kelana Jaya who cried foul over a condo block being turned into hostels for students. Perhaps there should be a clause against such a practice as it is unfair - disrupting the privacy of the residents who have paid such high prices for the units that ironically, Maple Resources Sdn Bhd had sold as exclusive low-density condominiums. To think that there can be as many as 16 students living in a three-bedroom unit! The residents call it misrepresentation.

While the developer has claims the matter is out of its hands as the units have been sold (and the owners are the ones who rent out to the students), some residents are asking that the local council take action against the developer whom they claim has violated the planning requirements on the population density of condominiums.

The residents of Gemilang Indah in Old Klang Road, Kuala Lumpur would no doubt be able to appreciate the problem faced by Tiara Kelana. After all, the existence of a large number of students has also affected the quality of life in the condo. Six years ago, expatriates were a common sight; these days, the presence of students has turned the place into a less pleasant environment, creating problems like noise.

One resident who only wants to be identified as Sara, finds herself often having to knock on the doors of the units occupied by students - as many as eight in a two-room unit - and asking them to be quiet. "They are turning the place into a hostel," she says. She even recalls calling in the police in the past. To be fair, she adds, there have also been instances when an adult resident is responsible for making noise, so it's not just the students who are the culprits. She puts it down to lack of education and bad upbringing.

"These Malaysians don't know what condo-living is all about. When you live in an environment like this - at close quarters - you have to respect your neighbours. Making noise, dirtying the corridors, keeping dogs when they are not supposed to ... these are acts committed by those who can't be bothered about their neighbours' comfort and privacy. Some of them are ignorant but I suspect most of them are just plain selfish. Talk about a caring society!"

Sara, however, acknowledge that many owners have resorted to renting their units to students out of desperation. They have to service their loans and when they fail to get respectable professionals as tenants, would not think twice about renting out to students, she says. "But they should think long-term. Turning the place into a hostel won't exactly be to their interest as the property value will be affected.

Another resident, Annie Tay agrees the presence of the students has led to various problems. "Making noise, (committing) vandalism, and dirtying common corridors ... these are the things that disturb me about them (the students)," she says. And understandably, she is concerned about the property value of the place dropping. Is is all quite disappointing for ... Tay, who works in a leading advertising company, as she bought the property in the first place because "a condo is supposed to come with security and other facilities and it's convenient because of my lifestyle and irregular working hours."

A disturbing incident that occured at the condo recently was the accidental drowning of an 11-year old girl, a non-resident, in the swimming pool. Ironically, among the issues raised by the residents is security. The death posed many questions including; how did an outsider end up unsupervised at the pool area which is in the first place, out of bounds to outsiders? Who's answerable when an accident like this happens?

And, what is to prevent a recur of the incident from - recur, not only at Gemilang Indah but other condos as well? Do the parties responsible take enough steps to ensure the safety of children and other pool users?

Gemilang Indah pro-tem committee secretary John Henry Louis feels there has been some negligence on the part of the management where the death of the child is concerned. For instance, he says, the pool ladder, missing for sometime now, has yet to be replaced. But the child was not entirely blameless, he says. "The child was a trespasser. She had no business there as she was not a resident. She had entered into a private pool and was unescorted.

There's also a sign that says no life guards are around." (Last week, in commenting on the death of the girl, Housing and Local Government Minister Datuk Dr Ting Chew Peh said the ministry would look into the possibility of having regulations for the proper management of swimming pools, especially at condominiums. Among other, the management (of the condo) may be required to station lifeguards at the pool. He also said there is a Pool By-Law under the Local Government Act 1976 where children ages below six must be accompanied by their parents while using commercial and public swimming pools).

Henry feels there are a lot of problems facing the condo because "there are (house) rules which condo residents have to abide by and some don't." The attitude is they don't stick to the rules like keeping pets which causes a nuisance to the other residents. Some owners even allow their dogs to roam the condo!"

Henry believes if the City Hall cannot get the dog owners to give up their pets even after fining them, then they should take the next step of confiscating the animals.

(According to a City Hall spokesman the department has the power to confiscate the dogs and keep them in a holding area for a week to allow the owner to claim them back and find an alternative home for them). "If they (City Hall) don't enforce them (the rules) then who can do it? If the owners put up a fight, the police can come in."

Condo-living is not new in Malaysia but obviously, a lot of condo-dwellers are ignorant, or choose to be ignorant of what it should represent. On the bright side, there are those like Tay and Henry who are not about to keep quiet and are determined to stand up for their right in continuing to fight the problems plaguing the condo.

Hopefully, these problems highlighted should open the eyes of developers and potential house-buyers alike.

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