I would like to ask whether we can claim damages from JMB. The story is that our cars are park on the highest floor and there has been leakage from the ceiling. It leaks cement alike and will harden over time, thus damaging the car paint, headlights etc. Numerous complains were made since 2 years ago & from time to time but no ultimate solutions so far. Appreciate any advice.
Should have issued written notice to the JMB first. Build evidence via letters that you have notified them and they have not taken action. Take pictures of your car and ceiling. JMB can be sued for negligence or for causing loss..
Since the problem have occurred for 2 years now, did anyone raise this concerns during the AGM? If yes, what’s the resolution from the JMB / the floor? If no, why the resident did not raise it then? Everyone should make full use of the AGM/EGM, otherwise the meeting will serves no purpose.
Then, you should determine whether the defect is under defect liability or not. If yes, then the developer have to make good the defect, otherwise the JMB have to rectify it. If it’s not covered under defect liability, then you’ll face difficult task to deal with the JMB. The only solution is either the resident able to secure the quorum to call for the EGM to address this problem, or wait until the next AGM.
I’m not trying to demotivate you. Frankly to say, MC/JMB can sue and can be sued. But it’s not an easy process to claim losses/damages from the JMB. They can play up delaying tactic, and once their terms is over, then you would have to start all over again.
If you drag them to court, then it’ll be lengthy process. Who’s going to foot for the bill then?
Hi, I would like to ask whether JMB can borrow money from developer to carry out its duties? If JMB borrow money from developer, and could not return the money borrowed, can i sue the chairman or the committee of the JMB personally?
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