Minutes of Meeting held on 10.3.2023
luqman michel <luqmanm2002@yahoo.co.uk>
Dear Mr. Stanley Chong,
I hope to receive the minutes of the meeting held on 10.3.2023 soon.
Meanwhile, I received an email on 21.3.2023 from PAM which included a letter dated 29.9.2022 from Mr. Ronny Cham, the lawyer acting for the developer of Vistana Heights.
In his letter Mr. Ronny Cham said that:
i. Mr. Faisal Luqman, had at all material time, inspected the property before taking vacant possession of the same on 19.12.2019.
ii. the defect liability period expired on 3.4.2022.
iii. no defect was ever notified within the DLP which expired on 3.4.2022.
Here are my responses to the above:
i. My son, Dr. Faisal Luqman, is residing in the US for more than 20 years and he visited Sabah in July/ August 2018 and was not back again in KK until June 2022. It is misleading to say that ‘at all material time Faisal inspected the property before taking vacant possession of the same on 19.12.2019.’
ii. At the meeting on 10.3.2023 you said that the defect liability period is not over and will be over only in April 2023 taking into account the Covid19 extension. No one at the meeting, including Mr. Ronny Cham and the architect Ar Lee Yik Soon objected to this statement.
iii. I notified the developer, Ms. Jessie Lee and Mrs. Monica Lee the defects within 2 months of receiving the keys except for the steep driveway and the leaking pipes. I wrote to you about the leaking water pipe which came to my attention only after I received the water bills in July 2022. Soon after Faisal filed a writ on the developer for nonpayment of Liquidated Ascertained Damages (LAD) Mrs. Monica Lee, the developer, said that she will not entertain any further complaints until the court case is over.
Even Pertubuhan Arkitek Malaysia (PAM) said the following: ‘We have also been led to understand that there is a current, legal dispute between yourself and the Developer. Apart from not being able to comment based on the information we have received, we hope you understand that we are also unable to add any further advice lest it may be misconstrued as interference within the above-mentioned dispute.’
While waiting for the minutes of the 10.3.2023 meeting in which representatives from KKTP, LPPB, DBKK, Engineers, Architect, developer and their solicitor, surveyor, two house buyers and I were present, I list below what you had said at the said meeting, amongst many other things.
i. The defect liability period is not over yet.
ii. The road ‘Lorong Puncak Vistana 1’ has not been handed over to DBKK.
iii. The bank guarantee / performance bond by the developer has not been refunded to the developer as the defect liability period is not over.
iv. You instructed the developer to resurface Lorong Puncak Vistana 1 to enable cars to access the house porches.
v. The leaking pipes are to be repaired by me and I have to engage an engineer to detect the leakage.
vi. You asked me to withdraw my letter of complaint.
Sir, please let me know if my understanding of what I have recorded about what you said at the meeting is incorrect.
I disagree that I should repair the leaking water pipe, and have explained the reason why I disagree in my email to you.
Please help resolve these issues as soon as possible so that I can do the necessary renovation and get the house ready for occupation.
Thank you and kind regards,
Luqman Michel
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