Aug 31, 2017

SSD Issue & the masses

Interesting question on the FB -
I am interested in the answer.
Looking at the actual Declaration Form, it does seem that all owners need to sign it in front of a lawyer. Only those actually owing SSD are required to submit to the IRAS - the rest only need to be submitted if the IRAS requests them for audit purposes.

Aug 30, 2017

Strata Titles Board Application (STB)

My understanding of what's in the works:-

The Team has said it will make an Application for Sale to the STB tentatively on 22 Sep 2017

They have quite a lot of paperwork & procedure to do (I won't bore you with all the details) but one of the requirements is to place an Advertisement  of the particulars of the Sale in the local newspapers.  The Advertisement must include:

(i)   information on the development ie name, land lot number & address
(ii)   brief details of the sale proposal
(iii)  the place at which the relevant parties can inspect the documents for the collective sale

They then have to serve notice of the collective sale - a huge bundle of documents - to each owner by registered post. The bundle must include:


(i)  the advertisement referred to above
(ii) the collective sale agreement (CSA)
(iii) the sale & purchase agreement (S&P or SPA)
(iv) a statutory declaration made by the purchaser on his relationship, if any, to the unit owners
(v) the valuation report done at close of tender and;
(vi) the report by an independent valuer on the proposed method of distributing the sale proceeds.

The CSC must make an Application to the STB within 14 days of the Advertisement and lodge a copy of the Application at the Singapore Land Authority (SLA).

Aug 27, 2017

The Thorny SSD Issue

The SSD Issue:   About 49 SPs face paying Sellers Stamp Duty since they all bought their units after 22 Aug 2013. They may have known they would be liable to pay, but not how or when. Those at the meeting on 25th Aug 2017 were shocked to find out that the SSD is due 2 weeks after the Date of Sale of Tampines Court. In other words the due date is Tuesday 5th Sept 2017  (not next week as I incorrectly posted earlier- woohoo, I have 1 more week of holiday before going back to work on the 4th :)). To the left is a table of the 49 owners with caveats lodged since 22 Aug 2013 and how much they approximately owe. 
The penalty for late payment is punitive: 100%-400% of SSD owed :

No forewarning was issued to the affected owners and they are in a quandary as to how to pay such huge sums at such short notice. All SPs need hand-holding in a collective sale and that is why we pay high fees to the 'professionals' so that they take care of the details and tell us what, when, how and where to do the necessary.  They failed on the when, how and where in this instance.

Today the MA has come out with the following on FB:


Some of these owners are flippers, to be sure, but some must be genuine home buyers and I don't believe we should throw anybody under the bus in the rush for riches. I am glad the MA will help these owners in their quandary and get them either a delay in payment until their sales proceeds come in or payment by reasonable instalments. I have it from good authority that the latter is do-able.

5 Sep 2017
Anonymous said:

Rec email confirmation from IRAS SSD payment is deferred till SALES ORDER date...today is the deadline to request for deferment,..i reckon most if not all the owners who are affected by the need to pay seller stamp duty have done the e-stamp and have written to IRAS to request for deferment...another hurdle down..

Aug 26, 2017

SP MEETING 25 Aug 2017

I attended the above meeting and stayed for the two sessions. There were 2 sessions because too many people turned up for the first and the second was held for the overflow. This post is just my own summation - not verbatim as to what was said. 

Huttons started with a powerpoint presentation of their Feasibility Study of TC. I am not going to go through everything just some highlights.
  • 39 parties collected the Tender Document, Investment Memorandum & Feasibility Study
  • 7 Site inspections were conducted & 11 presentations
They listed 7 Negatives about the estate - the size of the new development, the 5 yr development timeframe (which to me, is not a concern as it applies to every single development in Singapore), possible DC increase in Sept, Height Restriction, Traffic restriction (oddly he linked this to having to build larger units), Higher construction costs and finally the large number of Minority. 
They listed 4 Positives about the estate - cheap compared to other collective sales, Tampines is a mature estate, Convenient to Tampines Central & Amenities and finally, no other launches in the area. 

Official Valuation Report at Close of Tender 
United Valuers and the market value of the land as of 15th Aug 2017 was $940 million. 
We didn't see the Valuer's workings (RLV).

Sale Price Analysis Slide
  • The Differential Premium (DP) was $$243,724,555
  • The Lease Upgrading Premium (LUP) was $115,000,000
I noticed they gave the existing plot ratio as '1.55 (subject to confirmation)'.

THIS IS HIGHLY SIGNIFICANT! 
At the 6th SC Meeting held on 12 Dec 2015, Colliers International was one of the shortlisted marketing agents. They said the following about the baseline plot ratio:


So.... if the baseline plot ratio does indeed turn out to be 1.71 then Tampines Courters are being shortchanged! No where does it say that the  sales proceeds will be increased!

The Sales Proceeds for each unit is pretty much the same as in my table. You will get the official figure next week in a Letter which has already been sent out to all owners.

The Timeline
Everyone is interested in the Timeline. The CSC has the intention to make an Application to the STB within 1 month. I hope they won't mind if I just insert their slide ... it's easier pictorially than in writing.


So, tentative date of Application is 22 Sep 2017 (end date should be 22/8/2018)

The Retention Sum is $50k. The Buyer will return the $50k to you when you hand them your keys on vacating your unit. The MA advised owners not to buy a new property until the order of sale from the STB. This is sound advice - unless of course you can afford to own 2 properties at the same time.

The MA also said that Huttons would assist owners in finding new homes for free. So no Agent fee if you use their services. I have since found out that this is the normal market practice. The Buyer does not pay gent fees, the buyer's agent will get his commission from the Seller or share the Seller's agent commission. 

Next up was the lawyer and the Letter in the post to all owners (you should have it by Wed).

Sellers Stamp Duty (important if you purchased your unit on or after 23 Aug 2013)
You are liable to pay varying amounts of SSD by 5 SEPTEMBER 2017. All affected owners have to pay including Minority owners.

I feel they are very slow in getting this information out, especially as their 'Letter' wont arrive until the middle of next week. The penalty for late payment is 100% -400% and the quantum is quite huge. This is a huge disservice to the approx 48 owners who fall under this category. The CSC have not served them well. The amount of SSD payable in the letter is incorrect - so beware. The legal firm has offered 'legal or administrative assistance' on the payment of SSD, for a fee! Crikey! They give very little warning to SSD owners, get their SSD payments wrong and have the audacity to charge for their service!   So get your skates on and approach the IRAS to see if you can get special consideration such as paying in instalments or whatever.

There was an audible shock in the audience when the payment date for SSD (5th September;) was announced.

The Lawyer said that if an owner didn't pay, then the amount would be deducted from the sales proceeds. This is worrying as the penalty by then would be 400%! Imagine if you owed 250k in SSD and got the shock of your life when they deduct over $1m! Though he did promise that there would be no penalty. How can he manage that, I wonder? Was it a slip of the tongue or can all SSD owners now sit back, do nothing and pay at the end? This needs to be clarified.

I am not a SSD owner, I have no sympathy for the flippers but a genuine new owner caught out by this deserves attention.  

Other issues you can read for yourselves next week.

The Sales & Purchase Agreement.
He didn't go through it clause by clause but instead highlighted salient points and scrolled through the rest.

You will have to wait for the STB 'Bundle'* to view it - nothing shocking stood out. The usual conditions; I don't know why they spent 1 week hammering them out.
  • 6 months to vacate
  • $50k retention sum
  • No rent for the 6 mths
  • Owner pays maintenance fees
  • Management & Sinking Fund to go back to the Owners after auditing by the Buyer. This is Law so it's not really a condition. I am not sure if the Buyer doing the auditing is a concern, I don't know the market practice for this. 
  • Something about Owners to remove furniture on vacating (only to pile up at the dustbin centre like a mountain). You can take light fittings and the aircon with you ... I believe. 
Can't think of anything else at the moment...

Bundle*:- LTSA Frist Schedule: 
1. e) serve notice of the proposed application on all the subsidiary proprietors of all the lots and common property in the strata title plan concerned and, if applicable, on the subsidiary proprietors in reversion of the leasehold estate in the lots, or on all the proprietors of all flats in the development concerned, as the case may be, by letter by registered post notifying everyone of them of the proposed application accompanied by a copy each of the following documents, and stating that copies of the documents may also be obtained from the marketing agent or the collective sale committee:

(i) the collective sale agreement referred to in sub-paragraph (a);


(ii) the sale and purchase agreement which is to be the subject of the application to the Board;

(iii) a statutory declaration made by the purchaser under the sale and purchase agreement on the nature of his relationship (if any) or, if the purchaser is a body corporate, the nature of the relationship of every one of its directors (if any), to any subsidiary proprietor of any lot comprised in that strata title plan or any proprietor of any flat in the development, as the case may be;

(iv) the advertisement referred to in sub-paragraph (d);


(v) a valuation report from an independent valuer on the value of the development as at the date of
the close of the public tender or auction; and

(vi) a report by an independent valuer on the proposed method of distributing the proceeds of the sale due under the sale and purchase agreement; 

Aug 24, 2017

Developer Plans for TC


My Sales Proceeds


So...... "How much am I going to get?"

Here is my attempt at doing the 50/50 Method of Apportionment. I am not a Valuer so it is UNOFFICIAL and just for my own amusement and because I like to do my own checking.

First, a few details:
Total Floor Area = 87,988 sqm (according to Huttons)
Total Share Value = (560x4) = 2240
Sales Price - $970,000,000

*Offiicial column added on 29/08/17

Collective Sale Costs & Expenses to be deducted from sales proceeds:
1) Marketing Agent Fee: 1% + GST
2) Legal Fee: 0.28% + GST
3) STB Fee: ($35,000/560) = approx $63 
4) Disbursements (photocopying etc): TBD

How To Check Your Floor Area

Everything is online and it is free to search for your own property details.



My Property details look like this:










How To Calculate Your CPF Refund
I am not going to wade into the Bank - CFP refund area. You can work that out for yourselves.
CPF refund rules changed on 01/01/2013 for those over 55yrs.

In general: The amount of CPF utilised towards the purchase of your property has to be returned to your CPF Ordinary Account, together with the accrued interest. Check your CPF Account

CPF WEBSITE











How to Calculate SSD (Sellers Stamp Duty)
SSD Calculator:





















https://www.iras.gov.sg/IRASHome/Quick-Links/Calculators/
https://www.iras.gov.sg/IRASHome/Other-Taxes/Stamp-Duty-for-Property/
https://www.iras.gov.sg/irashome/Other-Taxes/Stamp-Duty-for-Property/Working-out-your-Stamp-Duty/Selling-or-Disposing-Property/Seller-s-Stamp-Duty--SSD--for-Residential-Property/
Singapore relaxes SSD rates (Mar 2017)
IRAS e-tax Guide Stamp Duty (seventh edition)

From the REALIS website and Tampines Court Resale Transactions:
  • 48 units changed hands between 10/12/2013 and 26/05/2017. These would be liable for SSD. 
  • 5 units@16%,  21 units@12%,  16 units@8%,  6 units@4%.  
That's between$68k-$278k give or take! The 5 most recent sales escaped the punitive 16% bracket as they fall under the new rate of just 12%.

Today, I called the IRAS and the guy on the phone said the SSD needs to be paid 2 weeks from S&P. I told him there was zero information about SSD payable in Collective Sales on the website.

From a reliable source:
Those who are required to pay SSD will receive letters from the IRAS in due course They will be asked to settle within a stipulated time frame. There's nothing to worry about as they can always appeal for the amount to be paid in instalments."

I would say: CONTACT THE IRAS NOW as the SSD is due 5th SEPTEMBER!

The Retention Sum Until Vacant Possession
Owners will have 6 months to vacate their units upon legal Completion of Sale. The Buyer will retain $50k of your sales proceeds until you hand over the keys.

After paying off:
  • SSD (if applicable)
  • Collective Sale Costs & Expenses
  • Outstanding Mortgage Loan Amount 
  • Mortgage loan Pre-Payment Penalties
  • CPF Monies Utilised & Interest Accrued
  • Other costs (eg property Tax, Maintenance fees etc)
Some owners might suffer what is called a 'Shortfall'  - in other words, they might not have enough money for the $50k Retention Sum. I talked about this 10 years ago here  & here 

They will need to pay this sum in cash if no provision is made for them.

Aug 23, 2017

TAMPINES COURT SOLD


    Our Beloved Estate has been SOLD   
       S&P Conditions unknown       



To the happy Majority - you got here at last. Mostly by luck if truth be told. It is not over yet, there are still some hurdles to cross but it looks like your dreams will indeed come true. 



 To the sad Minority - for 10 years you have warded off those who would sell your home from under you. Your sentiments and sense of injustice is not assuaged by the talk of money. Your Home is sacrosanct and full of memories. It is not over yet, there are still some hurdles to cross, some of you might make an objection at the STB, but I feel it might be futile. My condolences to this group of owners.


To the neutral Minority - You did well to stay out of the fray, keep to the sidelines and be true to the notion of neutrality. Sell or Stay makes no real difference to you. It is not over yet, but you will probably do the sensible thing and wait for STB approval before buying another home.

http://www.straitstimes.com/business/property/sim-lian-bags-tampines-court-for-s970m-in-biggest-en-bloc-sale-here-in-decade


What is this CSC member talking about?

Why do people NEED to sign after the deal is closed? Either it is closed or it is not. The Law requires 80% only and even if they get 99% it will make no difference to the timeline. So, CSC... is the deal done or are there outstanding conditions that need fulfilling?  It is indeed frivolous and unnecessary for Minority owners to sign now. It will not hasten the process and only binds them to costs should the deal be abandoned later. I have no intention of signing and I do not like to be given false reasons to sign. So, I ask this CSC member... why is there a NEED?

His reply:

So, there is NO NEED after all as the deal is indeed signed and sealed. The Buyer is brimming with confidence as he just signed a near billion dollar deal - no sign of a wobble there.

So - in order to counter this FAKE need let me say:

a) The money will not come any faster if the present majority is increased.
b) New signatures will have no effect on the process and serves no purpose. 
c) New signatories will give up their rights for no reason whatsoever.
d) 100% consent is impossible



Tamines Court Bagged

TC Clinched for $970m



Aug 22, 2017

Florence Regency up for Collective Sale


Worse Case Scenario possibly unfolding - alas, just FAKE NEWS from TOP HUTTONS REP!!!

It looks like our ex-CSC member / Huttons Top Rep / ex-TC resident is about to spill the beans on the Terms and Conditions of the S&P on her website here. 

She bills them as "Mystery Conditions" but leaks that 'they need 80% of the owner's signature again'

AGAIN! The horror! This is the worse case scenario if it is true. It could be a typo error on her part as her website is full of grammatical errors (a great website none the less), and she was entirely wrong about TC Rd 1......  but if I take what she has written literally then...

Does this mean that the Sales Price has gone below the RP?  Will the CSC be asking owners to sign again for less than $1.7m/unit? Will our estate be sold for a pittance? Are we following Shunfu and their yo-yo RP (though we'll be the losers in the end)? Did the $1million bidding fee follow market practice or was it to scare away potential bidders? 

In which case the power now lies with the Owners to accept the Sales Price being offered and the conditions along with it. Good Grief, please say No! We can always go back to the drawing board, and go through the stages quickly with a more competent team. This is not the last chance saloon. I warned of this again and again 

What does she mean by 'One Final Signature needed to make En Bloc history'??

Turns out this is FAKE NEWS from a TOP HUTTONS REP! 
Tracy G. is a 'Senior Division Director of Huttons Real Estate Group. 
She was the recipient of the Top Producer Award 2016
She sold her unit(s) before the increase in RP
She is registered with CEA as a Huttons employee

The CSC has come out with a disclaimer on their FB page
They also claim she has left Huttons. This fact is not reflected in her webpage nor the CEA- so it must be pretty recent.

Storm in a tea-cup -- but a total lack of professionalism being shown here.
A case of sour grapes, perhaps?

Aug 18, 2017

NEXT SP Meeting date set to 25th Aug 2017

According to their FB page, the second SP meeting of the Third Schedule will be held on Friday 25 August at the MA's offices in Bishan at 7pm.  Inconvenient. If owners are made to sign a non-disclosure form then it is also unnecessarily secretive.  I laugh at their idea of transparency - what are they afraid of?

Technically, the CSC has 10 weeks to enter into a S&P with a Buyer either through the tender exercise or private Treaty. So, technically, the CSC has until 15 Oct 2017 to inform the Buyer of it's decision. Given that they have said they will make their decision within 2 weeks, it is clear that this 2 week deadline must be a Buyer condition. So the last date of acceptance is probably 29 Aug 2017.

The CSC has already set the date for the SP Meeting on the 25th, I believe by then  the deal would have been finalized and conditions agreed upon..  The Buyer has all the power since he is the only runner in the race, he can dictate the terms. With the lower than hoped for Sales Price, let's hope we are not saddled with less than favourable conditions. Single unit owners will require the 6 months to move out. It will be harrowing enough for those who view TC as their home for the last 30 yrs without rubbing salt in the wound. Moving out will be a trying time for many in the minority. Money is not always king - it is a poor knave at best.

I am of the opinion that nothing now can stop the sale save the Buyer withdrawing over some condition or other.

The meeting itself will not produce anything as the majority gave the CSC carte blanche to sign at or above the RP. The meeting is to 'provide information'  only on the bids and the terms and conditions of the S&P.  From the grapevine, I heard that there might be as many as 33 conditions to iron out. I hope none of them are designed to shave off our 'bonus' $20 million and leave us with the bare RP.  Unfortunately, this is probably what will happen - so be prepared for all sorts of justifications from out CSC. 

The Buyer has sensed our weakness and is going in for the kill.

I presume owners will be allowed to air their views at the upcoming meeting, but to what end now.  We shall all receive the S&P by registered post in the near future anyhow.

Aug 16, 2017

Tampines Court Not Quite Sold

https://www.srx.com.sg/singapore-property-news/39972/s970m-for-tampines-court

Was there only one bid??? Name of buyer already leaked in the above link.
 (I am struggling to write this on a tiny phone screen overseas with iffy wifi)

"these conditions include completing the new development within 5 years of the collective sale order granted by STB or Court. The successful bidder of TC will also factor in the expected increase in DC rates come Sep 1....."

The 5 yr completion deadline is a complete red herring, as these rules do not apply to local developers. There are also loopholes developers can use to bypass the ABSD , namely delisting from the Stock Exchange or bulk buying unsold units. According to a TC resident, Sim Lian Group is a well established local developer formerly listed on the Main Board of the Stock Exchange of Singapore but was privatized and delisted from SES w.e.f 1 Nov 2016. (Thanks for that info TC Owner Guna).

I don't think the height restriction will be an issue seeing how this potential Buyer is well acquainted with Tampines & Simei, having built The Premier, Centrale 8, Tampines Trilliant and Parc Lumiere@Simei. They cannot claim ignorance and make building to 36 floors a condition.

Tampines Court has already gotten  CAAS (Civil Aviation Authority of Singapore) approval to build up to 49 AMSL - that's the same as My Manhatten in Simei and all the buildings that are in our area.

Since there was only one bid, Sim Lian will have the upper hand in negotiation. They could have multiple conditions and exit clauses.

I know nothing more about the details, just what was said in the media.
The bid was very near the RP. ( surprise surprise)

The Sale Price is low vis a vis the recent Hudc collective sales, we really cannot drop to anything lower should their conditions not be met.

Let's hope the team has the strength to reject anything lower.  It's already a disappointment.

Aug 8, 2017

Statutory Notices

LTSA, First Schedule 1(b) affix to a conspicuous part of each building comprised in the strata title plan or the development to which section 84D or 84E applies, as the case may be, a notice in the 4 official languages specifying —..   (ii).......within 4 weeks after the start of the permitted time and thereafter at intervals of not more than 4 weeks from the date of the last notice under this sub-paragraph;

FIRST SIGNATURE TO CSA1 AND START OF THE PERMITTED TIME: 24 JUNE 2016
LAST LEGAL DAY TO SIGN CSA 16 JUNE 2017  (5 DAYS COOLING OFF PERIOD)
80% - 1 JUNE 2017


As of 01 Sep 2017, 83.57% of the total share values and making up 83.58% of the total area of all lots have signed the CSA

That is 468 units out of 560

A Total of  6 Units have signed since 08 Aug 2017
A total of 92 units have nor signed the CSA

Aug 1, 2017

Development Charge Rate Sep 2017

Aug 2017
https://www.ura.gov.sg/uol/media-room/news/2017/Aug/pr17-57

Development Charge Rate has increased to $4200 for Tampines Court
This is an increase of $700

https://www.ura.gov.sg/uol/media-room/news/2017/Aug/pr17-57

It isn't too difficult to calculate the Differential Premium (DP) for TC using the government tables and following their worked examples.

I don't think there is any need to panic over the new DC rates because TC was sold 22 Aug 2017 - before the new rate increase so maybe they will apply the Mar 2017 rates instead.

The DP & LUP calculation factors into the computation of the land value in the RLV.

Remember I queried  the '1.55 to be determined' at the meeting? We thought it was 1.71 from the two official valuations from Enbloc Rd 1. Surely they both couldn't have got it wrong?

We will need to see the exact Clauses in the S&P covering the DP/LUP. Does the buyer have an exit if it exceeds the agreed Total?  Is the difference (if it is more) absorbed by the buyer or the owners?  The devil is in the details, so we shall wait and see.

Note: Sale Price Analysis slide at SP Meeting 25 Aug 2017 showed 
 DP: $243,724,555 and estimated LUP $115,000,000
Total payable by Buyer: $358, 724,555

Naturally, I can't get these exact figures but close is good enough for me