Vistana Heights - Locus Standi
Yesterday I received a strange letter stating that the developer is not willing to have a meeting with me on the Vistana Heights issues because I have no Locus Standi.
The above reminds me of Einstein’s saying: There is no limit to stupidity!
I say it is strange because in legal terms, Locus Standi essentially applies to a plaintiff's attempt to show to the court that there is ample relation or correlation or cause of action to the plaintiff from the suit. In other words, it applies to a person's capacity to put a case before the court of law or to testify before the court of law.
I am a little lost as I have not put up a case before the court. All I have requested is to have a meeting, on behalf of my son who owns a house at Vistana Heights, with the developer together with a few other house owners.
It was the developer who gave me the keys to the house, the occupancy certificate, the calculation of Liquidated Ascertained Damage (LAD) and made me sign the documents on behalf of my son. It was the developer who called the aluminium door contractor to repair the aluminium door when I complained of the defect. AND now suddenly, the developer saying that I have no Locus Standi appears a little strange if not weird.
I have no intention of bringing this matter to court until I have exhausted all avenues. There are quite a few more steps to take and I believe this matter will be resolved without having to go to court.
This reminds me of another Chinese saying: 一步一个脚印 one step, one footprint (idiom); steady progress.
The law on locus standi, is outdated, and is clearly contrary to the principles of good governance — i.e. “openness, transparency, integrity, and accountability”.
I know accountants must go for Continued Professional Education (CPE). Don’t lawyers have to have CPE?
If only the officers at LPPB – The authority – are a bit more open, accountable and transparent with a little integrity the lives of ordinary citizens will be much better. We do not have to waste our lives begging for answers to simple questions.
In any event, there is no necessity for locus standi when it is a matter of public interest. What if my son did not own a house at Vistana Heights? I believe I may bring up a case against the developer as a road user. The road is dangerous as the driveways of a number of houses extend far onto the road. I am also unable to drive up some of the driveways. My car bumper will be broken if I drive up the driveway to house no 20 and then drive straight down.
It just baffles me as to the extent developers would go to avoid being questioned….
One of many questions that begs an answer is: When will the infrastructure be handed over to the authorities (DBKK)? I understand that handing over to the authorities should be done within one year of occupancy certificate being issued. It is now 3 years since OC was issued.
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