Jun 20, 2009

BOTANIC GARDENS VIEW

Interesting things are happening at Botanic Gardens View...check out their blog here
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So, when a resident wanted to put forward a resolution at the EGM specially convened for en bloc to remove the indemnity enjoyed by the sales committee - it was blocked by the SC (and presumably the MC as EGM/AGMs are convened by the MC). When he tried to put it forward at the following AGM - it was blocked again (by the pro-enbloc MC).
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The management council has no power to block a resolution if it has been duly received by the secretary of the management council prior to the Notice of AGM being sent out to all the residents. Indeed, the MC is obliged to include it in accordance with the BMSM Act 2004. The MC can only deny a motion if:
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Motions out of order
4. At a general meeting of a management corporation or subsidiary management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with this Act [BMSM] or the by-laws or would otherwise be unlawful or unenforceable.
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But if the sale committee also blocks such resolutions then surely that is a huge loophole in the LTSA - it strips owners of all their power to shape an en bloc in accordance to their wishes. Someone is at fault here - and it is both the sales committee and the management council - which are one in the same in this instance
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Note: The Managing Agent accpeted the proposed resolution so it must have been okay.
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Indeed, when I sent in my list of questions to be tabled at the EGM in 2007 (in the nick of time, too; they were stuffing envelopes with the Notices at the MA office!), the enbloc lawyer knew better than to block my request. I believe this 'Mr. Lee' at BGV could be in trouble if he were to face the STB over this matter...
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What is happening in that estate can very well apply to all estates - and the minority fighter in this instance is a retired lawyer - so well worth reading his point of view from a legal stance.

Jun 13, 2009

The final chapter

So, after 11 months, the final chapter of the failed Tampines Court enbloc has been closed. The objecting minority didn't go for blood; preferring instead to accept an offer to bring matters to an end and simply for all to get on with their lives. We were prepared, though, to bring issue to Court for the full amount had the matter dragged on any longer.


 Summary of Round 1 

JUST FACTS


Tampines Court is an ex-HUDC estate
Tenure: 101 Yrs From 01/12/1985
No. of units: 560
Unit sizes: 1650 - 1720 sqft
Share Value: 4
Privatised 01 April 2002
CSC (Full) 14 March 2003
Site area 6.526 ha (16.126 acres) 702,162 sqft / 65,233m2
Height Restriction: 49 metres AMSL 
Green Buffer: 0.626 ha (1.547 acres) 67,382 sqft
Net Site Area 5.900 ha (14.579 acres) 635,071 sqft
Coverage Area: 24%
No. Of Persons Accm : 560 x 5 = 2800 persons
Density 560 / 5.9 95 units per ha (38 units per acres)
Residential Density 2800 / 5.9 = 475 persons / ha (192 persons per acres)
Gross Floor Area 10.096 ha (24.947 acres) 1,086,724 sqft /111,548.4 m2
Restriction in Title/ Gross Plot Area 10.096 / 5.9 = 1.71
DC Table: Use Group B2, Sector 98
Plot ratio is 2.8 as per Master Plan 2008
Potential Gross floor Area (PGFA) over 2 million sqft / 182,652.4 m2 

2005
Dec - Self-appointment of pro-tem En Bloc Committee
Dec - Informal valuation $389,719,233.00

2006
11 Feb - 1st Dialogue session
25 Feb - 2nd Dialogue session
19 April - Draft CSA and cover letter received by owners
14 May - CSA Dialogue session
05 May - First signing of CSA
15th/20th/21st/ 27th May 2006 - CSA signing
09 July - Dialogue session
15 July - CSA Dialogue session
29 July - Update by pro-tem committee tagged after the AGM
05 Aug - Dialogue Session
12 Aug - Dialogue session
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NEVER SAW THE SC AGAIN UNTIL AFTER THE SALE>>>
2007
21 January - purported 80% threshold reached
23 January - Press Release:- Sea Breeze apartments sold for $53.8 million
In Tampines, a 22-year-old former HUDC development, Tampines Court, has been put up for collective sale with an indicative value of $527 million, inclusive of development charges and differential premium of about $107 million.
It is marketed by Dennis Wee Group. Investment sales director Jimmy Teng said the 702,458 sq ft site has a plot ratio of 2.8 and a potential gross floor area of at least two million sq ft.
‘The successful developer could build about 1,700 units with an average size of 1,250 sq ft,’ he said, adding that developers also have the option to bid for one of the two subdivided parcels.
Source: The Business Times, 23 January 2007
27 January - Press Release:- Tampines Court up for en bloc sale (Weekend Today)
31 January - Announcement of tender in Straits Times
04 February - 80.00% - Statutory 8 week Notice
12 February - Press release:- Collective sale site in next wave may fetch around $1 billion each 
Over at Tampines Court, marketing agent Dennis Wee and the appointed lawyer for the majority owners, Phang & Co, plan to make the huge, 702,162 sq ft leasehold site more digestible to prospective developers by dividing it into two smaller plots.
Developers will be invited to bid for one or both sites. The award will seek to maximise the overall sale price achieved for the two sites combined.
‘If one party submits the highest bid for one plot and another for the second plot, then both developers will have to jointly agree to buy the entire site as the two halves must be sold together,’ explains SK Phang, principal in the law firm.
After completion of the sale of the site, the developers would then partition the site into the two halves and each developer will become the sole owner of the half he has bid for.
As far as owners of the 560 units in the estate are concerned, their sale proceeds will be the average of their share value in the estate and the floor area of their unit – regardless of which subdivided plot their unit stands on.
Source: The Business Times, 12 February 2007
  
08 March - Close of Tender
25 March - Sold by private treaty
Purchase price: $395,000,000.00 + $10 million Beta Sum = $405 million 
Dev. charge + Dif. Premium = $107 million
$260 psf of potential gross floor area. (pgfa) including developmental charges and differential premium.
*Average gross sale price per unit : ~$705K before adjusting for Alpha sums, deduction of costs and expenses etc
(as stated in property agent letter dated 27 March 2007) 

  
28 March - Press Release:- Tampines Court being sold for $405 million (Business Times)
28 March - Dialogue session
1-April - Dialogue session
21 April - Sale and Purchase presentation
31 March - 80.71% - Statutory 8 week Notice
03 May - Outline Planning Permission (OPP)
25 May - 81.6% - Statutory 8 week Notice
22 June - Upgrading to 99 yrs lease
30 June - Minority Dialogue session
19 July - 81.6% - Statutory 8 week Notice
21 July - EOGM
26 July - RPA in principle date of approval
28 July - AGM
12 Aug -
19, 20 August - Collection of disbursement fee ($781.25) from majority owners
5 September - Appointment of Valuer
12 September - 82.14% - Statutory 8 week Notice
06 November - 82.14% - Statutory 8 week Notice
27 December - Notice of application for Sale in 4 Newspapers
31 December - 82.14% - Statutory 8 week Notice 
2008
TAMPINES COURT CASE: STB 02/2008
07 January - Application for sale to the STB
18-22 January - minority objections filed
29 February - Day 1 minority mediation at the STB . Group of 39 legally represented, plus 4 single objectors with no legal representation.
10 April - Day 2 minority mediation
09 June - Day 3 minority mediation
16,17,18 June - STB Hearing. Group of 32 minority legally represented and 2 independent minority.
19 June - Buyer does not agree to amend the S&P Agreement (Beta Sum)
23 June - Interlocutory Application to Amend Application (in chambers).
Application withdrawn
27 June - Buyer not minded to agree to the extension of time (S&P)
30 June - Interlocutory Application to bring forward the date for the adjourned hearing
02 July - Minority objection to bring date forward
09 July - Arguments for and against presented
10 July - Further arguments added
11 July - Application dismissed by STB
16 July - majority apply to High Court to have the date of hearing brought forward : High Court originating Summons 941 2008/P
18 July - High Court Originating Summons 941 2008/P 
Mir Hassan bin Abdul Rahman and Another v Attorney-General[2008] SGHC 147 
Court allows date to be brought forward
21 July - STB Hearing day 4 and Majority Oral Submission
22 July - Minority Oral Submission
23 July - Written submission
24 July - Extra submissions?
25 July - STB dismissed the sale. Grounds for dismissal: lack of good faith in sale price and method of distribution.
25 July midnight- Qualifying Certificate expiration, Sales and purchase agreement expires.
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The End of En bloc Round 1

Neptune Court: Privatisation Woes

Neptune showdown

In stark contrast to the serenity of the nearby East Coast Park, a stormy en bloc tussle is brewing at the 752-unit Neptune Court estate — complete with threats of a police report and potential lawsuits.
Some 100 owners who do not want to move have roped in lawyer Edmond Pereira to prevent their interests “from being circumvented”.
Meanwhile, eight members of the original committee — nominated by residents to consider the en bloc sale — have broken away and formed their own pro tem sale committee, in hopes of hastening the process.
A showdown is slated for Sunday, when the breakaway group, which has appointed its own lawyer and property consultant, starts garnering signatures for its Collective Sale Agreement.
Out to stop them are what’s left of the original committee who — having roped in more members, and with the backing of the Neptune Court Owners’ Association — have urged residents not to sign.
At least 600 owners, or 80 per cent of the estate, must agree to sell the 32-year-old development, for the bid to go through.
Representing the “stayers”, resident Philip Williams is also one of the two remaining members of the original committee, which he maintains is the bona fide one.
Prior to the rift, he alleged, proceedings were not transparent. Mr Williams claimed he was “excluded from the meetings”. His attempt to get the committee disbanded failed.
The managing director, who has lived at Neptune Court for 15 years, told Today: “What we want now is to work with the owners’ association and follow the due process in accordance with the resolution, where strict conditions were laid down for residents to vote on the selection of lawyers and property agents.”
The en bloc bid was initiated last year on a cordial note, when residents elected a 10-men committee to study the possibility.
But after an acrimonious year’s impasse, things came to a head last Saturday, when eight committee members quit to form a pro-tem sale committee. The reason: They disagreed with the owners association’s decision to call for another round of proposals from real estate agencies.
The breakaway group explained, in a letter to residents, that they had invited proposals from 12 real estate agencies before deciding on one by law firm Phang & Co and property consultants Chesterton, which they felt was the “most likely” to meet owners’ needs.
The group said: “Timing is important, if not crucial, for this collective sale exercise. Some of us feel the re-invitation is not necessary, given the work that has gone into the due process and diligence by the committee.”
But on Tuesday, the owners’ association shot back with a circular describing the actions of the breakaway group as “most regrettable”.
The association, which is seeking legal advice, said it wants the “assurance that owners have been given a chance to listen to more presentations” before making “a truly informed choice”. It would not accept responsibility the actions of the “self-appointed” committee.
On his part, Mr Williams wants the breakaway group to hand over documents pertaining to the sale — failing which, he said, he would make a police report.
But the group’s lawyer S K Phang, who runs Phang & Co, said they have refused as they “do not know in which capacity” Mr Williams had made the request.
Dr Phang is also seeking legal advice over a flyer distributed by Mr Williams, in which he had purportedly made disparaging remarks. Said the lawyer: “I need to protect my professional reputation and that of my law firm… subject to the advice, I will have to ask the person or persons responsible for the malicious libel to withdraw the same and for an apology.”
He noted that Mr Williams’ earlier failure to dissolve the original sale committee was a sign it had residents’ “strong support”. According to Dr Phang, the breakaway group has conducted three dialogue sessions attended by some 600 residents.
Source: Today, 10 May 2007

Neptune Court's en bloc dilemma

WANT to privatise?
Sure, pay us $144 million first, said the Ministry of Finance (MOF).

That’s how much it has valued the piece of land at Neptune Court, which it owns.

This means each household there will have to fork out about $191,000 to privatise their 99-year-leasehold estate before they can even think about selling it en bloc.

There are about 752 households in Neptune Court at Marine Parade and they have been leasing the land from the MOF for the past 32 years.

It looks like their proposed $1 billion enbloc dream will be scuttled for now.

As a rough comparison, residents in HUDC estate Eunosville will have to pay about $30,000 for the privatisation of their estate.

There are 330 apartments in Eunosville, located opposite Eunos MRT station.

At Neptune Court yesterday, there was an air of disbelief as groups of residents gathered to discuss the high price they have to pay.

A letter from the Neptune Court Owners’ Association was pasted on the notice boards by each lift landing, saying that the estimated cost of privatisation was about $144m.

This is probably one of the highest privatisation fees here.

The letter was put up on Wednesday.

Retiree Alex Lee shook his head while trying to calculate how much he has to fork out.

He paid about $500,000 for his 1,700 sq ft unit about 10 years ago.

Another resident, who has lived there for over 30 years, was also shocked at the amount.
This resident, who declined to be named, paid about $50,000 for his 1,600 sq ft unit.

He said: ‘I nearly fell out of my chair when I saw the amount. I don’t understand how they (MOF) arrived at this amount.

WHO WILL PAY?
‘Who’s going to cough up this money? It’s very high. And even if the privatisation is successful, will the en bloc process be successful too?

‘I don’t think many residents here in their right mind will pay this amount. But I’m sure those en bloc die-hards will find a solution.’

The land area there is about 780,000 sq ft - about the size of 15 football fields.

All the residents we spoke to baulked at the amount MOF is asking for.

The Neptune Court Owners’ Association didn’t want to comment.

The MOF said that $144m for the common properties is a preliminary estimate provided to the residents so that they may decide whether or not to pursue privatisation.

This estimate was derived by comparing the capitalised value of the annual net rents at Neptune Court with those of a comparable private condo.

Said a MOF spokesman: ‘Should the residents decide to privatise the estate, the valuation will be updated based on the prevailing market conditions.’

In privatisation, the residents essentially pay HDB (or the MOF in this case) to take over the ownership of common property, such as carparks and landscaped areas.

Owners pay about $25,000 to $30,000 each for privatisation, which covers the cost of common property that has been transferred to owners, legal costs, survey and other processing fees.

Credo Real Estate’s managing director Karamjit Singh was surprised by the huge sum.

He said: ‘Normally, privatisation fees per household ranges from $12,000 to $30,000. This is a huge amount. It will be difficult to get residents to fork out $190,000.

‘Selling en bloc is slim but not impossible. It will be possible if the Government is willing to do a tripartite deal where it gets paid out of the sales proceeds paid by the developer.’

The estate started its en bloc efforts in May last year.

The committee hired law firm Phang & Co and property consultant Chesterton International to kickstart the privatisation and en bloc sale, according to a report in The Straits Times in May.

It offered owners a sale agreement that promised a reserve price of $1.37m or $1.67m, depending on the unit size. 
The New Paper - 24 Nov 2007

Privatise Neptune Court? - pay $144m
Straits Times- 2 Dec 2007
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Neptune Court privatisation surprise
The New Paper - 8 June 2009

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So, was the Ministry of Finance playing the en bloc game too? Trying to fleece owners out of substantial sums of money? If the present figure of $40m is closer to the market value, what then was $144m based upon? Pure greed? What was the thinking back then? That the Ministry should reap some of the 'windfall' should the estate go en bloc? "let's slap on our own premium and ride the en bloc wave"?
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Well, someone in the Ministry must have had a rethink - or maybe the Ministry of National Development stepped in and told the MOF to let the estate go; that the national agenda of maximisation of land use is more important than making a quick buck off the residents' backs.
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Will they jump at the 'opportunity' to privatise now? $50k is still a lot of money and believe me - IT IS NOT WORTH IT!
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Neptune Court was sold under a different scheme to the HUDCs - not sure what the difference was - and there is a Neptune Court Owners Association (NCOA). So, it is not HDB run (as highlighted by a comment below), but the land is government owned.