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Residents taking builder to court
Published on: Wednesday, February 07, 2018
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Residents taking builder to court
Kota Kinabalu: Fed up of waiting for their Strata Titles since moving into their apartments 18 years ago, Bundusan Villa Apartment owners are seeking legal recourse trough lawyer Christina Liew.Chairperson for the protem residents committee Rose Andrew said they were compelled to seek legal recourse as they feared losing ownership of their property should something undesirable happen to the developers.

She cited many cases in the past where houseowners were left in a quandary after their developer filed for bankruptcy.

"We are aware of the non-issuance of Strata Title issue which prevented some of us from transferring the house ownership to next of kin and there were also cases where the house owner failed to refinance their property because of this problem," she said, Tuesday.

Liew agreed to follow up the issue with the relevant authorities like the Penampang District Land Office, the Penampang District Council, and the Ministry of Local Government and Housing (MLGH).

"We will study their case from the legal perspective of view as well as other point of views to see what the best approach to resolve it is.

"As far as we are concerned, 18 years is just too long and unreasonable," she said.

Liew, who is also the Sabah PKR Chairman cum Api-Api assemblywoman further noted that she had been informed by the protem residents committee that the main reason behind the non-application of the strata title by the developer concerned was due to the having not completed the entire housing project.

Under the original Development Plan (DP), the developer was supposed to build eight blocks of four-storey walk-up apartments but had only managed to complete four blocks of 224 units of apartments, thus far.

Under the existing law, a developer is required to complete the entire project as submitted in the Development Plan in order to be issued with the strata titles.

She also learnt that there was a suggestion by the relevant authorities to the developer to amend the original DP to cancel the remaining four blocks of apartments, so as to facilitate the application and issuance of the strata titles.

However, the proposal was made to the developer 10 years ago.

She said she will be officially filing an enquiry with the developer to find out what's the actual status of the application.

Liew, meanwhile, urged the relevant authorities, including the Ministry of Local Government and Housing (MLGH), to be more attentive and proactive in addressing the pressing issue of non-issuance of strata titles to apartment owners in the state, which she claimed was rampant. - Locksley Ng





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