My email to YAB Hajiji Noor that is still waiting for a reply

 

The following is an email I wrote to YAB Hajiji in February 2023.  

From:luqmanm2002@yahoo.co.uk

To:Hajiji.Noor@sabah.gov.my

Cc:jacinta.yapp@sabah.gov.my Mon, 20 Feb 2023 at 10:00

Dear YAB Datuk Seri Panglima Haji Hajiji.

I sent you two emails via Datuk Dr. Roland Chia dated 23.12.2022 and again on 25.12.2022. I am sending this to your email address as I have yet to receive an acknowledgment from Datuk Dr. Roland Chia.

I read the article in the Malay Mail dated 22.12.2022 on Little Napoleons. I have dealt with quite a few of the Little Napoleons.

In the article, you said that these little Napoleons delay approving projects. Do you know that on the other hand they also approve projects that shouldn’t be approved?

You said in the article that you will be blamed if projects did not meet expectations. In the case of Vistana Heights, Ira Manis, the project definitely did not meet expectations. Tell me, YAB Datuk, who is responsible? Who should the house owners blame?

I am writing to you after attempting, for 3 years, to solve the problems faced by residents of Vistana Heights, Ira Manis.

My son, Faisal, bought a house in Vistana Heights and the Occupancy Certificate was handed over in December 2019. Until now, we have not moved in because we are unable to drive up the driveway. We want this resolved immediately.

YAB Datuk, I complained to the developer, the engineers, the architect, DBKK and finally to LPPB to no avail.

I then wrote to YB. Datuk Masidi, our minister in charge of Housing, who asked me to write to the Permanent Secretary YB Datuk Jamili Nais.

In addition to writing to YB Datuk Jamili Nais I also wrote to the Permanent Secretary of MOF Datuk Mohd Sofian Alfian Nair as he is one of the four ex-officio members of LPPB.

DBKK approved the development plan based on falsified as-built survey plans by the surveyor, Jurukur Terra Firma and fabricated amended development plan by the architect, Arkitek LYS. The consultant engineers, Zaidun Leeng (Sabah) Sdn. Bhd also has a hand in this scheme.

YAB. Datuk, many of the house owners are unable to drive up the driveway as the driveway is too steep and not in accordance with the Original Development Plan approved by DBKK.

Two of the house owners have extended the driveway onto the road which should be considered illegal as they are a road hazard. What has DBKK done about this illegal extension despite complaints from the developer?

The Sales and Purchase Agreement is copied verbatim from your HOUSING DEVELOPMENT (CONTROL AND LICENSING) RULES 2008.

Two relevant clauses in the enactment among several others are:

FIRST SCHEDULE GENERAL TERMS

1 (h): Plans approved and cannot be changed

The plans for the Project and the property has been duly approved by the Appropriate

Authority and no alterations to the approved plans shall be made or carried out except as may be required by the Appropriate Authority.

(i) Good workmanlike manner in accordance with plans and specifications

The property shall be constructed in a good workmanlike manner in accordance with the specifications and plans approved by the Appropriate Authority and agreed to by and between the Purchaser and the Developer. No change thereto or deviation therefrom shall be made without the consent in writing of the Purchaser except as may be required by the Appropriate Authority….

YAB, Datuk, alterations to the original approved plans were not required by the Appropriate Authority (Refer clause 1 (h) above.)

Alterations have been made and none of them were consented to by the Purchasers as required under the Housing Development Enactment and S&P agreement (Refer clause 1 (i) above.)

Is your Housing Development Rules 2008 signed by you just for show?

How is it that there are blatant disregard for what is stipulated in the Housing enactment?

DBKK has provided occupation certificates based on fabricated as-built survey and fabricated amended development plans. It is mind-boggling how an authority, DBKK, who had inspected the housing development was unable to notice the steep driveways.

The General Manager of LPPB has refused to meet the house owners to resolve the many issues encountered by the house owners. What is the role of LPPB? Why do we need LPPB with so many little Napoleons if they are not even prepared to meet house owners who have genuine complaints? Why don’t these Little Napoleons resolve issues in projects developed on land that belongs to them?

What can you or your underlings do to enable residents of Vistana Heights to drive up the driveway to their car porches?

Kindly acknowledge receipt of this email.

Thank you and kind regards,

Luqman Michel

0198500258