Mar 14, 2018

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. 



17 comments:

  1. NO need to pay maintenance fee from 1--12 june? re 【fee paid up to 31 May】.

    2.payment receipt since when?

    ReplyDelete
    Replies
    1. The Lawyer letter states that 1-12 June will be deducted from your sales proceeds. no more MCST after 12 June.

      Delete
    2. appoint liquidator..SP must pay..

      QUOTE LAWS
      section 81
      (12)  Until a liquidator has been appointed by the management corporation for the purpose of carrying out the winding up of the management corporation, the council of the management corporation shall continue to perform the management corporation’s business for the purpose of winding up its affairs.

      (13)  On a management corporation being wound up —
      (a) every former subsidiary proprietor shall be liable to contribute to the assets of the management corporation to an amount sufficient for the payment of its debts and liabilities and the costs, charges and expenses of the winding up; and
      (b) the assets of the management corporation, if any, shall be distributed among the former subsidiary proprietors,
      in the same proportion as the proportion of contributions which such former subsidiary proprietors would have been liable for in accordance with section 39(2) of the Building Maintenance and Strata Management Act (Cap. 30C).

      https://sso.agc.gov.sg/Act/LTSA1967?ValidDate=20131107&ProvIds=P1V-

      Delete
  2. Hey Blogger, i would like to suggest u step up to do the job if u think u are so that good. Everyone is trying their best. Why dont u ask yourself why the condo manager resigned? If he is responsible enough, shouldnt he stay on for another 3 months to see through things properly and do a proper handover?

    ReplyDelete
  3. This issue of arrears is similar to what minton rise enbloc face previously. Any suggestions to solve it asap?

    ReplyDelete
    Replies
    1. Ask accountant to see if all fees collected,what is balance to each SP.(NOT equally as blogger suggest.pl read the laws: IT should be according to share of funds contributed by each SP to management fee)

      . The the arrears deducted from the original share of balance.

      Delete
    2. You must be busybody - or else you would know that all units - all 560 of us- pay exactly the same monthly fees. We are all equal shares.

      Delete
    3. Any arrears will be deducted from the sales proceeds by the lawyer. It's that simply.

      Delete
  4. when a lawyer cancels his/,her official business e mail account,
    either s/he resigned,fired or dead.
    or the account hacked...
    or stormed with too many questions..

    ReplyDelete
    Replies
    1. If SP lawyer chz e mail address,they should inform all SP formally.

      Delete
  5. From what I understand, there is a cash flow problem Not enough money collected to settle all payments. Guess many have not been paying their maintenance fees for awhile.

    ReplyDelete
  6. Those SPs who think they are very smart and knows everything should not stop others from asking questions at official FB. There are still many SPs who are still blur about the process, didn't attend the meeting or couldn't understand the SPA so well. Hate selfish & self righteous people who only care for themselves !

    ReplyDelete
  7. I think the invoice itself states if sp has any outstanding payment, that's why lawyer asks for copy of invoice as well as payment proof. So for those sps didn't pay full in the past, they have to settle it before 12th April, or else they will be in big trouble. I trust the lawyer has the brain to solve this kind of simple receivables.

    ReplyDelete
  8. Hi Blogger, Abacusgroup will give you a final Statement of Account which will indicate outstanding amount owed. I believe a copy will also be given to the lawyer. Any outstanding sum will be deducted from d sales proceeds

    ReplyDelete
  9. monthly statement should include c/f,carried forward.ie the balance due or payment excessive as at date of statement.

    ReplyDelete