Don’t seek winding-up, buyers told

The Star 27/01/2003

PROPERTY owners at Le Chateau Condominiums in Lorong Syed Putra Kiri have been advised not to seek a declaration for the developer of the condominiums to wind up if they want the strata title issued to them.

Land surveyor Poh Sin Bin told residents this during a meeting between Land and Cooperative Development Deputy Minister Dr Tan Kee Kwong, Land and Mines Department and City Hall Planning Department officers at the condominium recently.

He said if Zamrud Properties Sdn Bhd wound up, it would be almost impossible for residents to be issued strata titles.

“The property is currently in Zamrud's name and residents will be at the losing end,” Poh said.

At the meeting, residents voiced their displeasure over the developer’s failure to settle quit rent owing to the land office which has with the late charges amounted to RM56,000.

Le Chateau pro tem committee member AMSP Suppiah said residents wanted the penalty to be waived and assurance given that properties belonging to them would not be seized for failure of non-payment of the penalty.

“If our property is seized, we have nowhere to go,'' said Suppiah.

He said the developer had to apply for strata title six months after granting certificate of fitness (CF's) as provided for under the Strata Title Act, 1985.

Both Le Chateau Phase I and Phase II were given CF's in June 1999.

Lawyer K.W. Lai, acting on behalf of Zamrud, said the company had no money to settle the penalty and proposed that the buyers waive the late delivery charges.

“If the charges are not waived, then the company has to wind up,'' Lai said.

Dr Tan said quit rent was the responsibility of the property owner and not the developer.

“The developer merely collects from the owners and forwards it to the land office,'' he said.

Dr Tan asked the owners to adopt a positive approach to overcome the problem and understand the situation.

Wilayah Land and Mines Department assistant director Zainuddin Tala said the land office did not have the power to reduce penalties unless there was a request from landowners.

“The request is then forwarded to the Wilayah Land Committee to be considered.

“No one can run away from paying quit rent,” he said.

Dr Tan said no action would be taken against Zamrud unless all other avenues failed.

He advised the developer and property owners to write in to the land office and request for the interest to be waived.