Update for Palm Beach Villas

22 06 2009




Hidup-hidup kena tipu oleh Pemaju dan juga Kerajaan!
Nasib baik ada Mat Salleh yang mengambil inisiatif untuk memperjuangkan hak-hak pembeli rumah di Palm Beach, sanggup turun naik mahkamah. Tapi yang sedihnya, orang-orang kita ( Rakyat Malaysia amnya dan Sabahan khasnya) hanya jadi penonton. Panggil mesyuarat tak datang. Mahu rumah ada pengawal keselamatan, lampu jalan dll tapi tahi hidung masin! Come on man…… dalam dunia ni mana ada free!!! Masuk tandas pun kena bayar. Mungkin kentut free la….Bayangkan dari lebih 260+ rumah hanya 59 orang saja yang bayar RM100 sebulan untuk maintainance fee. Bacalah sendiri apa yang mat salleh ni tulis dalam emelnya. Terima kasih Mr Wally Parsons:

Update for Palm Beach Villas,

It appears that many of you, (including those with unknown Email addresses) do not know whats happening at PBV. Let me try to explain from the start:-

In 1985, re- http://www.did.sabah.gov.my/eng/coastal.asp, a survey by the federal and Sabah branches of the Department of Irrigation and Drainage found the beach area from TanJong Aru through Kinarut area to be in a Category 1 (critical area) for sea erosion, unfortunately, no sea defences have been planned or constructed in our area.

3 January 2003, The Papar District Council Divisional officer approved the Building plan for PBV. Having recently visited the offices of Sabah Dept.of Irrigation and Drainage, as well as meeting the deputy director, we were lucky to also meet with Mr.Chung Chau Ngee
He stated that an OC had not been approved by them for the building of PBV, but later I recieved a phonecall form him stating that a building permit had been issued allowing the estate to be built 60metres from the standard high tide line to the nearest properties,
even though the beach area adjacent to PBV was in a ‘critical’ erosion area, and no sea defenses had been constructed.

10 November 2005, The Occupancy Certificate was issued by Mr. Iman Ali, Divisional officer of Majlis Daerah Papar (Papar district council) although the closest houses to the standard high tide line were within 60feet and not 60 metres.

Wong Kwok/Herowang Sdn. Bhd. were responsible for the running maintenance and security of Palm Beach Villas for a term of 24 months, and, other than a number of minor problems, carried out their duties of street lighting, sewer operation, garbage disposal, grass cutting, security and general maintenance of the estate reasonably well, until their letter of 23 November 2007;-
”Greetings from Wong Kwok Group!
First of all, we would like to take this precious oppertunity to thank you for being so supportive throughout all these years. We wished to now notify your good self that the security, cleaning and landscape maintenance service rendered to Palm Beach Villas shall expire on the 30th November, 2007, Friday. Your attention on this matter is very much appreciated etc.
signed Tony Wong Chen Nam, Managing Director.”

Unfortunately a King Tide battered our sea shore for three consecutive nights, leaving our boardwalk severely damaged and dangerous to the public, a few days before 30 November 2007. On contacting Wong Kwok of this problem, the company refused to repair the boardwalk saying that it had been constructed and maintained by them out of their goodwill and they were not obliged to further maintain it?? PLEASE NOTE THAT THE BOARDWALK IS NOT BUILT ON PBV, BUT PUBLIC LAND??

For reasons unknown Wong Kwok continued the sewer operation and garbage collection without maintenance fees for approx one more year even though they stated that PBV had been handed over to Majlis Daerah Papar in a letter dated 29 October 2007.

Due to the continued arguing with nothing being done to the boardwalk or sea defences, our housing committee decided to take legal action to solve this problem, and an Application for Leave for Judicial Review was heard in the high court 26 November 2008 between ten members of Palm Beach Villas and Papar district council/Minister of local Government and housing. An order of mandamus was issued directing the 1st and 2nd respondents to:-
”1, undertake all statutory duties and functions in respect of Palm Beach Villas including the maintenance and upkeep of all common facilities and basic amenities servicing Palm Beach Villas namely, lighting, road, drainage, security, garbage disposal, sea defences and all other such services and facilities necessary to upkeep, protect and maintain the safety, health and well being of the residents, occupants and owners of Palm Beach Villas pursuant to Section 100 of the Local Government Ordinance 1961.
2, to repair or demolish the boardwalk servicing Palm Beach Villas at the cost and expense of the 1st and/or 2nd respondents and in its place to construct and set up a complete and adequate sea deffence for the protection, safety and well being of the residents, occupants and owners of Palm Beach Villas wholly upon the effort and at the cost and expense of the 1st and 2nd respondents.”
These orders of mandamus are yet to be enforced almost eight months after the judgment???

19 March 2009 A meeting was arranged between Papar council, Wong Kwok Herowang, Attorney Generals office,Housing ministry, and Palm Beach Villas residents, to try to solve this issue out of court (although the order of mandamus had already been issued).
It was agreed that Wong Kwok Herowang would pay the costs of repairs to the sewer system. RM3,600 has been payed to a contractor for a full service but as yet RM1.080 is outstanding for replacement of electrical components and rewiring of the armature for one of the submersible sewer pumps which has not been reinstalled due to lack of repair costs.
Also a complete list af ALL the homeowners was to be made available to PBV, but this list is still not available.

We were also advised that although the building permit and OC had been signed by Papar council, they are not responsible to PBV as the estate seems to have been emited from the local maps leaving us in no rating area and therefore Papar council are not responsible for any maintenance unless each house holder signs to agree to pay their maintenance and security fees. They expect total monthly fees of RM26,304, which if EVERY household paid would be RM100 monthly, but as they do not expect the empty and abandoned houses to pay, our monthly fees would be in the range of RM265 per household.

A high court hearing for a final judgement on 8 June was adjorned until 6 July when the judge stated he would make his final decision. Until then the outstanding street light bills for RM5,000 are accumulating 1.5% interest monthly and a reconnection fee will be required. I manually operate the sewer system daily with the two remaining submersable pumps and have managed to keep the running costs below RM150 monthly. Due to people not paying or cheating with their garbage, we are trying to get a replacement garbage removal system in place, the electricity bills for the Guardhouse and sewer have been paid to ensure continued power, but only 59 people have paid their fees to Borneo Paradise hotel for their maintenance, RM5015 to pay electricity bills, salaries, oil and gas for machinery. THIS IS NOT GOOD ENOUGH, PAY YOUR FEES AND PAY FOR YOUR GARBAGE AND JUST MAYBE WE WILL BE ABLE TO GET THIS ESTATE LOOKING AND RUNNING THE WAY IT DID WHEN MOST OF US PURCHASED THEIR HOUSES.

I do not like spending most of every day working to keep this estate running, I do not like the arguements with my wife when I get upset at the attitude of some of the residents, and if at months end more people have not paid their fees I will discontinue running the sewer and we will be back to the overflow in the common drains and terrible smell of waste, Garbage strewn all over the roads and the return of rats running the streets





2 responses

22 06 2009

sedihnyer… beli rumah mahal2 mampu, nk byr RM100 sebulan pun berkira.. buat malu jer!!

3 09 2009

Hello..My name is Marie..My father also one of the PBV house buyer..I think I need some advice from you regarding the maintenance fee.My family is staying at Sandakan and since early this year I was staying at PBV alone. While I was staying there, I also paid for the maintenance fee to Borneo Paradise even though I collect my own garbage and throw it at my office garbage collecting centre because I know that our sewer system, street light,security guard need to maintained and paid. But that before I move to Johor since May 2009.So, for now,since no one is staying there, do I have to pay for the maintenance fee?

And, where I can get update about the ongoing trial in court?
TQ very much..

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