An Island in the sun

NOTE: There is NO guarantee that we will get our sales proceeds on 12 June. Those who have put down money on a new home do so knowing the risk involved. In my case, I  know I could potentially lose my 5% if I do not get my proceeds by XX July, unless a bank is willing to give a bridging loan to a retiree. I found my home rather quickly, I had thought it would take at least 2 months. So, my completion date is in early July - a 3 week buffer . This is cutting it thin. 
In the meantime, I hope & pray there isn't an owner death and /or any bankruptcies in the estate and that everything will go ahead smoothly and as planned. 

How many units do you have to view and how many boxes have to be checked before a property comes your way and becomes 'the one'? 

The answer for me was 4 and 9 respectively

My boxes:

• Spacious
• Greenery
• 3 Bedrooms
• Connectivity
• Walking distance to Supermarket 
• Near a park
• Good feeling
• Move in condition
• Bright & airy
• Gardening space 
• Under $1.5m
• Reasonable maintenance fee
• Preferably in the East
• Hopefully FH

I know, I know.... I am basically describing my present home in Tampines Court; but it is a hard act to follow. Indeed there is no property out there that checks all the boxes so something has to give, compromise is called for in this situation.

Day 1: It started last Wednesday and I aimed high. I went to look at an overpriced (but under $1.7m) 3 bedroom unit in Balestier. I thought, what the hell, let's live life differently now that the kids are all grown and flown (almost). The city life. It had a lovely pool which I most certainly wouldn't use, but wouldn't it be lovely for my guests. On top of that the connectivity and convenience were superb. It scored 9/14 but my hubby said no. There was nowhere nice to go for his daily constitutional. He wasn't impressed. 

Day 2: This time I chose the Kovan area (D19). A beautiful rooftop garden unit in a very small development. Magnificent garden, I could see my hubby's eyes watering at the sight. I thought, what the hell, let him have his dream garden and I will squeeze into the tiny space below. I can make do. But the price was far too high for a unit that was effectively 60% non-living space and required full renovation in the very small living area. We decided to put it in KIV. Update: since we viewed it last week the asking price has got up by $50k. The owner is chasing enbloc money. It's madness out there.

Day 3: This is the day I discovered that FH mass market condominiums (mmc) in the Flora area (D17) were not for us. The unit we viewed was old and in need of renovation; it looked much better on Propertyguru.  It had it's positive points, to be sure - good gardening space and 3 nice sized bedrooms  but it also had the feel of a Butlins Holiday Camp. I did not want to be locked into a permanent holiday from hell. It's probably a great place for kids, so many places to run about and hide. I am sure there are also many wonderfully renovated apartments, too, but it was not for me. The surrounding estate was enormous but tell-tale signs of dilapidation were evident all around; missing tiles, dead water-features,  out-dated design etc. The worst part was connectivity. There simply wasn't any. Now, we made it a point to always arrive by taxi and go home by public transport, as we wanted to be punctual for our appointment and yet get a feel as to how we would get around; we do not own a car. It w.as a nightmare. One solitary bus trundled up (no 4?) and it was packed to the rafters. I was squeezed in next to the bus driver until we got off early and walked the r est of the way home. It was extremely depressing and I cancelled all my weekend bookings to view various units in the Flora area. 

Day 4; I needed time to recover and to get back on the house-hunting horse. After crossing off D17, that meant the other mass markets condos (those over 200 units) were also crossed off. Goodbye Hillside though I never even saw one unit there.

Day 5: Still traumatised from day 3, I thought maybe a resale HDB was the way to go. There were many beautiful units all over the island. I felt hopeful once again. I had to let go of the FH dream. One unit especially caught my eye in Bukit Batok. I have only been to Bukit Batok once or twice in my life but I knew it was near nature and it looked really, really nice. It was just one of many nice flats all around the island, I could see it was going to be hard choosing which nIce place to visit first. Then I discovered this wonderful  HDB website here  which allows you to wander all over a map of Singapore and get all the necessary information on any HDB block: no. of years remaining on the lease etc I spent hours on it, and finally zoomed in on The Peak in Toh Payoh. Only 5+ years and oh, such wonderful open balconies! I got busy and messaged multiple agents to make appointments to view as many of the biggest units as possible this coming week.  This was going to be my 'Peak week'. I was back in the saddle again.

Day 6: As I was busy filling in my viewing schedule as various agents called (I now kept a spreadsheet and screenshots of agents pics and names as all agents blended into one in my tiny little brain) - I got a call from an agent with an Australian accent about a FH property in D16. I must have expressed interest in this property some time ago and as he was going down there right now, would I like to view it? Well, I am a lover of serendipity so said fine. For the life of me, I could not remember which property it was but took the address down anyway, called my hubby up from his orchid garden, grabbed my bag and left.

The moment we entered the unit we both knew it was a strong contender. 5 minutes into viewing and I could see myself living there. 10 minutes later we strolled around the small development and thanked my lucky stars I had my chequebook in my bag. The Agent had exclusive rights to sell the property so we could lock it in there and then.  Others were interested in this property, the price had dropped because the overseas owner wanted it sold. We took a risk* and wrote a cheque for 1%.  Sure, it didn't check all my boxes - it's only a 2 bedder and it's much smaller that I had planned for, for a start, but it was it. 

It's all about the feel. The same feeling I got when I walked into Tampines Court in 1996. 

It's feels small (1313sqft), it's a two-storey penthouse, it has gardening space, a pretty 25m pool, the maintenance is on the high side but it's pristine, vacant and feels like a brand new unit even though it is 9yrs old. It's connectivity is brill,  the constitutional is East Coast Park, it's FH and it's in D16.

Best of all, it didn't break the bank.

But if I had to choose all over again ... I would still choose TC.

* It wasn't really a risk because I knew I could go home and check the property ownership on  Inlis here.  The property owner was genuine. I also checked up on the Property Agent here - to make sure he was the genuine article, too. He was :)

Good luck to anyone who is still on the search. 
I know it can be stressful, exhausting & downright depressing, 
but have hope - 
there is a property out there with your name on it.

Setting Sail

Tonight I will be handing over the deeds of my home as is required by order of the Land Titles Strata Act. My handover is very simple; no mortgage, no arrears, no charge on my property, nothing outstanding.  It is very sad but inevitable as we all know. Tampines Court had to go under the hammer at some time, the enbloc mania has raged unabated in our estate since 2005 and we fought long and hard against those who would undersell our property for a quick buck.

After 13 long years.  It's Time.

Time to move on. I have not even started to look, save for a whittled down shortlist of never-visited properties on PropertyGuru. I look wistfully at one in particular but my chances of getting it are slim as I imagine many others are probably eyeing the same thing. We shall see. It isn't just my boat setting sail but a whole flotilla all looking for a comfortable port of call. I hope to be lucky enough to find a private island with room for gardening for my husband and a bit of space for me.

The end period is now in the MCST and Lawyer's hands. I can only put my trust in their professionalism because I have done all that I can and there is nothing more I can do or say. 

It's not the end of the blog just yet - 10 years and counting  - not until the day I hand over the keys (or the day my URL expires, whichever comes first). No more talk about the process, though, I am sick to my back teeth with it all.

So, I am signing off now for a while. I have a house to hunt, possessions to sort and a grandchild on the way.

Insufferable

Tonight at the MC Meeting room - there was a meeting going on between the Management Council (MC), the Lawyer, the Marketing Agent and the CSC (acting condo manager absent).

I was invited to the meeting by the CSC and so myself and 2 other ladies went in and parked ourselves down on the sofa at the side as attentive observers, pens at the ready. We had no intention of doing anything other than listen. Just sit quietly whilst our homes and our money were being discussed by others. I didn't even bring my phone to record as it might have been impolite.

The meeting was called by the MC to ask the lawyer about what needed to be done from now to the 31st May. Details of interest to many in the estate. For some inexplicable reason the MC thought it was to be hush-hush.

Things got quickly out of hand. The CSC & Lawyer were quite amenable to our presence, polite as ever and I was even handed a complimentary  bottle of water. The MC, however, were highly annoyed to see us three female SPs gatecrashing their party and spent the first 20 minutes objecting vehemently to our presence. I am very fortunate that my years on the MC were spent with gentlemen and women of the highest calibre (take a bow Chairwoman Mdm A, & Chairmen Mr. T and Mr S, you were a pleasure to work with) because I would not have lasted 10 minutes on this council.  Life is just too short.

What was worse, the meeting may not have been a Council Meeting as such but it was a Meeting of the Council with all remaining members present and held at the MCST office. MCST funds were therefore used to hold the meeting. Here was probably the most important meeting of their short MCST life  -  and minutes were not going to be taken. No record for us annoying SPs. 

We women were not going to be intimidated but when he threatened to adjourn the meeting if we did not 'remove ourselves' - we left.   We left so as not to cause inconvenience to the others who had given up their evening to be there.

One of the female lawyers followed us out to answer our questions, but really, I didn't come to ask questions, but to listen and hear what the Lawyer had to say. Only his words count. What a pity, an opportunity lost. I could be blogging that all is well, matters explained and niggling details ironed out. Instead, my annoying coverage of ongoing events are... annoyingly ongoing.

I shall rethink my attendance at any future MC meeting with that Council as planned, as it would be simply insufferable, fruitless and downright bad for my health.

Checklist

         Lawyer will be in Tampines Court for collection of Documents on the following dates

Note: only those who have fully redeemed their mortgages before 2013 will have an Original  SSCT. People like me, who redeemed after 2013 only have a STARS printout and a legal cover letter stating that the original is held by the SLA. This is sufficient proof (confirmed by lawyer 17/03/18). People with outstanding mortgages with Bank & CPF don't have to worry, it is with the other side and the lawyer will handle it.

A TAMPINES COURT - INFORMATION SHEET is enclosed with your latest Lawyer's letter dated 12 Mar 2018.  Be sure to fill it in and bring it with you

Indicate on the form when you expect to hand in the keys. Only those who hand in their keys by 11 Jun 2018 will receive 100% of their sales proceeds on the 12 June. Everyone else will have $50k retained until they move out. Note: Sinking Fund & Management Fund share will be later- after Sim Lian has received the audited accounts for MCST 2644.

Someone asked me "How do I pay my outstanding Property Tax?"

 1: INTERNET

Click on the pic below to take you to the IRAS website

I pay my property tax by Giro and this is how I did it:

• I first went to the myTax Portal At the top right hand corner and logged in.
• Clicked on View Property Portfolio in the dropdown menu and viewed my 2018 tax details and took  note of how much was outstanding ($300.01) & my property tax reference number
• Then I went to my Bank website and paid the outstanding amount. 
• I cancelled my Giro on the Bank website. 
• Went back to the mytax portal (a couple of days later to give it time to reflect) - downloaded and printed out my Statement of Account showing $0 balance for 2018
• Print out the Property Tax Bill 2017 & Summary page, too.

2: POST OFFICE

You can do it at the post office, too

Don't forget to cancel your Tampines Court MCST Giro, too

MCST MATTERS

Closure on the MCST Arrears issue

An email today from the Lawyer's office

This 'deduction' was not listed in the Legal letter dated 12 Mar 2018 - and it should have been.  In that letter only 4 deductions were listed:

(a) Payment towards mortgage loans
(b) Refund of CPF monies
(c) Outstanding SSD matters
(d) Fees & disbursements

Missing deduction
(e) Outstanding Maintenance fees/Privatisation costs/other unpaid costs (including late payment interests/penalty)

After this deduction is made, I want to see it reflected somewhere that it was added to the main MCST Funds before the total is divided between the 560 units. The Numbers must add up  Without a  proper condo-manager doing what is essentially the MCST's job, the Lawyer is our last defence and we now have it in black & white (finally) that he has committed to do the work. 

I see that even though regular SPs all have to deliver their MCST proof of payment by 12 April 2018 - those in arrears are given until Completion date.

I think we should skip the Managing Agent and the MC - and go straight for a qualified Liquidator.

MCST Matters

I am not at all happy with the way the end days of Tampines Court are being handled. With the departure of our competent Managing Agent, we are now a rudderless ship heading into a storm.

Who put us in this position?

It is unacceptable that an estate this large is without an experienced condo manager for the last 3 months of  it's existence. We do not know how or why this has happened but 3 members have mysteriously resigned from the MC and someone has given the nod to let a mere child take over the reigns. What is in our contract with Abacus Property? Why are they not sending a new qualified replacement? Who agreed to this travesty? Are we still paying $18k/mth for no manager? Are our interests being served? 

As a very concerned SP, I have a few questions:

1. Why did 3 council members all resign on the same day? Who or what was the burning issue that made them leave en masse?
2. Why did the Chairman agree to swop a very experienced and capable condo manager with an inexperienced slip of a girl who doesn't know the ins & outs of the  BMSM Act? 
3. Was the replacement put to a vote by at a Council meeting?
4. Who is handling the money?

BLOGGER'S  CONCERNS This young girl is keen but totally unqualified and inexperienced in managing an estate. She has no understanding of the BMSM Act. She does such things as calling for a Council Meeting (9th Mar) on the same day it is held- seemingly blind to the rule that 3 days Notice must be put on the board. I had requested to attend the meeting but was not informed. I believe whatever was discussed and decided at that meeting should be null & void. Goodness knows what other things are being done on the wing and without regard to proper procedure. It is very worrying that our estate is in the hands of someone so young and unqualified at any time, but especially at this crucial time.   Those Owners who are in arrears to the MCST might fall through the cracks. Part of the condo manager's job is to NOT sign off on a sale of a unit until all arrears have been fully paid up. If our acting 'manager' doesn't even know the proper procedure for holding a simple MC meeting how will she fare in the more complex tasks without a guide? Who is going to check on what she does or does not do?  Our lawyer has told us to hand in 6 documents: 15 (d) Maintenance Statement/MCST Tax Invoice for the period from 1 March 2018 to 31 May 2018, and evidence of payment  I read this literally - is it just proof of payment for the last 3 months only? - there is no mention of proof of clearance of arrears.  A possible loophole which may clear the path for the rubber-stamping of the unit for sale?   I have sent an email to the lawyer about this.  I hope he is not too busy to reply.  .... oops, his email no longer works. will send to others on the list.

The Buyer requires a clean bill of health from the MCST on 12 June. 

Two comments below give two different viewpoints. Both seem very plausible,  but which is it? 
Clearly I am not the only one who has thoughts on this matter. I believe upfront payment is the cleanest method, but the wording of 15(d) leaves room for imagination. 

It's Over

It's official. Someone kindly sent me an electronic link to the lawyers letter.

All pretty much what is in the S&P. 

No mention of the Sinking Fund/Management Fund refund.

Everyone is to hand in their documents no later than 12 April 2018. 

Collection dates stated in letter. 

A few of us will be saddened by the finality of the news. What a waste.

Vacant Possession & Staying on

I am sure we will hear from out Lawyers about this & that soon.

In the meantime: Blogger's opinion only; all answers to be confirmed

You have 6 months to move out after the Date of Completion

Date of Completion: 12 June 2018 (confirmed)
Last day to move out: 12 Dec 2018 (confirmed)


What do I have to give to the lawyer before Completion Date?
I am sure he will tell you in a Letter, but I think the following

Title Deeds- the Subsidiary Strata Certificate of Title (SSCT).

• If you have a mortgage then the Bank holds the SSCT, so the lawyer will take care of that for you.
• If you have paid up your mortgage before June 2013, then the Original SSCT is in your possession. If you have lost it then you have to apply to the SLA for a replacement copy*. 
• If you have paid up your mortgage since June 2013, then you don't have a physical copy, it is being kept safe by the Registrar of Titles. I found this out today, when I went looking for my SSCT and found a legal letter which stated that the SLA went paperless in June 2013 and hence the SSCT is suppressed by the SLA. It contained a printout and so will use that as evidence. 
• Other Documents (if applicable): Letters of Administration/ Grant of Probate, Notice of Death etc*
• Copies of Owners' IC/passports
• Property tax Statement for 2018 FULLY PAID UP for the year. 
• Tampines Court monthly Maintenance Fee FULLY PAID UP to May 31 2018. The period 1 June to 12 June will be deducted from your sales proceeds

* Lawyer will assist for a fee

Do I have to pay rent during this 6 month period?
NO

Do I have to pay maintenance fees during the 6 month rent free period?
YES

16.1 Remaining Vendor shall be liable for the following  (my list)

• Cancellation of all TV and Cable connections. 
• Cancellation of PUB 
• Property Tax 
• Equivalent of monthly fees  [16.1(c)]"

*The Legal letter dated 12 Mar 2018 stated that the retention sum will be returned to the owner on vacant possession of his unit LESS such amounts equivalent to the maintenance and sinking fund contributions.

Do I have to give notice before I move out?

YES

14A Delivery of Vacant Possession (my list)

• you have to give the Purchaser 10 business days written notice 
• the Purchaser will come and inspect your unit

Who maintains the lifts?

The Purchaser, because it only says he shall not be required to 'replace or upgrade lifts and/or any other building structures' [16.5] . I presume he is legally obliged to continue with the regular maintenance checking - it's a safety issue after all. If the lift breaks down irreparably though, you have to take the stairs.  

What can I take with me / leave behind?

• You have to leave an empty unit behind
• You have to remove all movable furniture & personal belongings.
• You can choose to take the light fixtures, air conditioners and business equipment (?)
• You can't remove anything that will affect the security or structural integrity of the building. In other words, don't take the front door! 
• You must leave the unit in clean & tenantable condition. Never mind that any future tenant won't have lights or air conditioning. 
• You must empty out all the water cisterns

I intend to take my brand new ceiling fans and leave the old, noisy air conditioners and lights.

Some people on FB remarked that they remember the marketing agent saying you could leave your furniture behind- I, too, remember such an utterance but that was corrected later, I believe.
Anyway, the truth is in the S&P and in the latest legal letter

Legal Letter Dated 12 March 2018
14.  Each SP shall ensure:
(a) All movables in his lot, including but not limited to furniture and personal belongings, are removed from such lot and the Development prior to the delivery of vacant possession of such lot:

UH-OH... I just noticed the words and the Development   ....... OOH.. so people, you had better throw out your bulky stuff before 12 June because after 12 June dumping might be prohibited???

Will we get invitations to the launch of the New Development?
Yes, we will, but not directly.  The invitation will be sent to the Huttons not less than 5 days before the public launch.

If you want to be informed of this new launch, you'd better make sure to be on Hutton's mailing list as they announced at the last meeting that they don't have everyone's email addresses and probably won't know your forwarding address.

Note: there is NO MENTION of a discount for TC owners- just second dibs prior to public launch.

Anything else?

MILESTONES

SCHEDULED COMPLETION DATE CONFIRMED

12 June 2018

Sinking Fund & Management Fund refund

Let's look at that god-awful edited Tender Form that passes as the S&P.  What does it say about the MCST funds.

• The accounts will be audited by an independent certified public accountant up to the actual Date of Completion (DC) and within 3mths from DC. The audit will take into account all the outstanding liabilities, debts including owners still owing monthly fees etc
• Sim Lian will give us back the Sinking Fund & Management Fund monies less all liabilities within 14 days of receipt of the audit. (18.0.(d))
• At Completion, there shall be NO outstanding MCST debt owing by owners. (19.2 (b)) 

Q: If we are supposed to get our cheques at DC, and the audit is up to 3 mths after the DC, when do we get the money owing to us from the Sinking Fund & Management Fund? It cannot be on Completion

Q I am not sure what mechanism is used for clawing back outstanding debt, but if Sim Lian is to be presented with a clean bill of health [19.2(b)], then I presume he is not involved in dividing the funds and worrying about who owes what to whom. Correct?

Q: After the Completion Date, MCST2644 no longer exists, so they can't be involved either,  so will the funds be sent to the Lawyer? Will he then divide the funds by 560 (we are all equal Shares) taking into account those owing outstanding amounts?

Q: What if the owner owes MORE than his share of the MCST Funds? How is that recovered? 

Questions that need clarification by our lawyers. 

Sinking Fund & Management Funds . 

(not official approximations only)

I do not know what outstanding bills need to be paid - probably the balance of the lift upgrading.  Nor do I know the current amounts owing to the MCST fund from recalcitrant owners.
I used to be on the MC many moons ago and the above figures look pretty healthy to me.

What's worrying is the outstanding arrears.

This time last year, our arrears ran to $220,000. God knows what they are now, $500k? Owners skiving on their contributions.

The end of Collective Sale audit:  up to 31 May 2018  comes in only after the  Completion Date and is therefore completely useless to us, we will never see those figures and so never know if the arrears were cleared. It's akin to counting the number of horses that ran away after the barn door was opened.  Any uncleared arrears would be simply written off. That audit is purely for the buyer. 

But if you are academically interested enough, you could write in to the Layer and request for a copy.  

Let's talk about .....

It's good to look a variety of  matters whilst we are twiddling out thumbs until Completion Date. FB people would have all owners stay quiet and not bring up new issues on this blog because they don't like to rock the boat. Winkling out details on matters which affect us directly is what I do, what I have done for the past 10 yrs and will continue to do until the day I say Sayonara, TC. Live with it. Mistakes on both sides have been made, pointed out and rectified. The process has not been smooth and trouble-free. The stakes are high and everyone still has outstanding questions.

Digital pressure has worked all along, it was digital pressure which got us the recent SP Meeting, so lets see if some more will goad Our Boys into responding definitively to some of our notions and questions -  misguided or otherwise

Onwards we go....

Topics I will touch upon:

1. What happens to the Sinking & Management funds?
2. Do we need to pay maintenance fee during the 6 months free stay?
3. AOB

MCST Matters

I went to the management office today to do 2 things: find out what is happening with the MC & Managing Agent and cancel my giro monthly payments. I shall pay by cash from now on. 

The managing agent was not there, but the young secretary was. She doesn't know much but I did find out a few things.

1. Of the 7 Council members, 3 resigned en mass on 2nd Mar 2018, including the Secretary. I don't know the reasons why.
2. Only 4 council members remain (and they all attended the meeting) and one was instated as the new Secretary on Fri 9th Mar.  
3. The Notice said '5th Council Meeting of the 16th Management Council' but that was amended to emergency meeting of the council. That meant that matters 2.0 to 5.4 were not discussed. 
4. The Condo Manager is resigning, possibly 21 Mar, though that is TBD
5. The only matters discussed 6.0.: Reappointment of Secretary & Appointment of Condominium Manager

Now here is the worrying matter.  The new acting Condominium Manager will be the young, inexperienced and unqualified 22 yr old secretary. Poor girl! I advised her not to take on the onerous position as it was unfair to her.  The weight of the collective sale finale should not fall on someone who is untrained in BMSM matters.

Why did the committee agree to this? How is this in the best interests of TC owners?

Lets keep an eye on the Sinking fund/Management fund

Something odd is going on at the management office. Earlier this week I sent in an email requesting to sit in at the next MC meeting as an observer. I also wanted to see the latest Financial report to see how much our estate has in the Sinking Fund/Management Fund and generally just look over the accounts. 

The Managing Agent replied that the next scheduled meeting was for the 26th March and he would inform me if there were any changes to the date. He also said he was leaving his post - which is unfortunate at this critical juncture in time. He also informed me that since his appointment, he has been running the estate in the black. Which was good to hear, But we may be left vulnerable if a rookie MA were to be installed at such short notice.

Anyway, someone alerted me to a Notice that has suddenly been posted at the MA office. 

The 5th MC meeting was held today, 9 Mar at 5pm!! This is against the rules and this meeting is null & void. 

I was not informed of this sudden change as promised, it seems to be an emergency meeting.

Why was a meeting held at such short notice? Are the council member so free as to attend at this working hour? Are they all retirees? Has it something to do with the impending CSC announcement? Did the managing agent leave his post? I looked at the agenda:

3.2 Update of Financial management

3.3 Update on expenditures that paid from sinking fund

.

6.1 Reappointment of Secretary (Why? What happened to the old one?)

6.2 Appointment of Condominium Manager (Has he resigned already?)

6.3 Transition of duties

How many management council members do we have?

This is all very irregular.

I shall find out and let you know...

Completion Date

To be confirmed  ........

Apparently this flashed on the FB page long enough for 3 likes, and then quickly taken down. Someone jumping the gun?



Suddenly, I feel so sad.





Update
Well, it sounds like people have been flooding the lawyers with phone calls.

Shh time again

Unless, there are are further developments, a newspaper article, something that piques my interest or the sky falls in.....

......it's shh time again.

This Blog is NOT closed

In the News (2018)

En bloc stirring emotions at Mandarin Gardens - Today 25 Jan 2018

Mega sites raising stakes in collective sale craze - 25 jan 2018

Tampines Court collective sale hit by technical hitches - BT 12 Feb 2018

The Big Read: En bloc wars erupt once more, turning neighbours into foes - Today 12 Feb 2018

Tampines Court collective sale mired in technical hitches - TNP 12 Feb 2018

Tampines Court Is the sale still on? - PropertyGuru 12 Feb 2018

Chinese newspaper article - ZaoBao 5 Mar 2018

4 Residential sites join collective sale market - BT 8 Mar 2018

Do Objections delay the Sale?

Blogger view only (I have to keep reminding people that everything said on this blog is my opinion only, not the word of god)

The Objections have become a handy scapegoat for the delay in the Sale. This is unfair as there are 2 entirely different processes which overlap in a collective sale:

1. The LTSA Process which Owners have to go through: this starts at the formation of the CSC under the Schedules and ends an the STB Sales Order. The Objections fall within this process.
2. The Purchaser/Developer Process which begins at the SPA Date and ends when all their units in the new development are sold.

From the moment the S&P is signed, the Buyer has to get cracking and obtain all the necessary Gov Approvals to complete the sale. He has to apply to the LTA, URA,SLA to obtain his Lessor Approval, PAFS, QC, OPP, SLA Top Up Consent, LUP, & Baseline Confirmation. It is this Application-Approval period which is delaying the completion of the sale. We were told on FB that these Approvals were being done 'concurrently' with the Objections, but we later found out from the newspaper that the buyer did not Apply for the OPP until December 2017 and that it is still outstanding. Why didn't he apply earlier, why the delay? The answer is not important - just the fact that he made the calculated decision NOT to apply earlier and so has run smack into the new DC Rate increase. It was his folly and his alone. 

The DC Rate that is used in their DP calculations is pegged to the OPP Approval date - that is why they were hoping & praying for the OPP Approval before the 1 Mar 2018. It didn't come so now the new DC rate applies

I look at it this way: Objections in general work to the Buyer's advantage as they provide a breathing space for them to do the necessary before the PCP clock starts to tick. In a regular sale, the PCP clock starts at the date of issue of the QC (Qualifying certificate) but 'for cases where a developer has purchased residential land through a collective sale under the Land Titles (Strata) Act (“the Act”), the PCP will commence from the date of the collective sale order granted under the Act. This is to enable the developer to have the full PCP to complete the project.'   

So the longer the Sale Order takes, the more time he has to get his approvals without it eating into his precious 5 yr PCP.  We were told that the  QC/RPA was granted 17 Sep 2017 - so the Objections have saved the Developer 3 months of PCP - which he clearly has wasted.

I have tried to put it pictorially - but it's not very good, sorry.

From the Owners perspective, it feels a little different. Owners generally want that STB Order to come quicker as they believe the Completion Date would be sooner. But it's all wishful thinking, as an earlier STB Sales Order does not make anything move faster, the Approvals will take as long as they take and completion is in the Developer's hands.

Moving forward, I believe Developer-Buyers of future collective sales might secretly wish for a toothless STB objection or two, to cover their Approval Application period. It's ALL about timing, isn't it...... just saying :P

Braddel View Collective sale

Braddel View's collective sale website is very sleek indeed