Malaysia Real Estate

[Carven_Ong]

Hi all,

Recently got some dispute between my bro-on-law with the management of my apartment (by developer).

My bro-in-law actually own another unit in the same apartment and he hardly went back as he is working at other place. Due to this, he has receive multiple reminder from the management regarding the overdue management and utility fees. On last week, he actually took 2 hours off from work and rush from his work place (abt 40 ~ 50km away) to go to the management office to settle the bills. Since during that time, there are a lot of other residents waiting to settle their bills, he informed the management office staff that he will come back and settle it after he can find another time slot. The management office staff acknowledge and it's ok with it.

However on last night when he go back to his unit to take something, he discovered that the water supply to his unit has been cut-off without any verbal notice from the management.

Since he is always working, he has asked the help of my wife (his sister) to go to the management office and settle the bills today. Upon reaching the management office, my wife tried to enquire from the management office manager the details breakdown of the bills (the management office has the tendency of providing wrong statement, this has happens to me before, my statement is wrong by double the actual amount). Without responding and listening to my wife request, the manager blow his anger on my wife by finger pointing and shouting. My wife and kids are shock on this as we never expect the staff from management office to be so rude to the paying customers. We never rude or angry with them for cutting off the water supply but they are behaving like the king of the apartment.

In view of this, I call up the manager to ask him on the issue. He is very rude and accusing me of always complaining (i got 2 previous complains - 1st I witness guards fight in front of the guard house and demand explanation, 2nd the management took more than 3 weeks to refund my renovation deposits where they suppose to refund within 2 weeks). I was equally shock by his BAD attitude and remind him that he should not talk to me like me else I might have no choice but to report the issue to the HQ (of the developer), regardless of whether I am his customer or not, where in fact I am a paying customer who pay parts of his salary.

I have actually call up the HQ and spoke to the HR Director on his staff SUPERIOR service quality. He has bring up the issue to his GM and I am now awaiting the reply from his GM on the action taken. If there is no action taken against him, I am planning to gang up with my bro-in-law to write in officially to them to request for change of staff.

On the other hand, I have read somewhere in HBA that someone has actually manage to claim compensation from management for locking his water supply (according to provision in Strata Title Act 52, 53 and 53A). We are not thinking to seek any compensation from them but we are trying to scare them to make sure the parent company take action against this manager. We are feeling insecure by staying here as it is managed by someone of such bad temperament and service attitude. However, I still remember that we have actually sign the Deed of Mutual Convenant which stated that they have the right to cut the water supply.

As reference to the high court ruling as in Law Journal, hope someone in the legal profession can help to clear my doubt on the above mention query, when come to dispute, which one between Deed of Mutual Convenant and Strata Title Act has the superiority?

Thanks in advance.

*P/S anyway I am staying in JB, those ppl staying in JB and wish to know the name of the apartment, pls pm me. It's not good to disclose the name here as there is some friendly staff in the management as well