Perjanjian persetujuan jual-beli. 290 pembeli rumah di Sandakan susah hati.

Daily Express 27/7/2008 (Sun)

KOTA KINABALU:

Sekumpulan penduduk menuduh Wah Mie Realty Sdn Bhd, pemaju perumahan Taman Indah Jaya di Sandakan, enggan bertindak demi kebaikan penduduk di kawasan peruma­han tersebut.

Pengerusi Jawatankuasa Bertindak Taman Indah Jaya (Fasa 9A,9B) dan Indah Court (Fasa 10) - (TIJAC), Halim Liwangsa berkata, kenyataan akhbar yang dikeluarkan oleb Wah Mie jelas menunjukkan sikap tidak peduli terhadap masalah yang dihadapi penduduk di sana.

"Wah Mie mendakwa (melalui keny­ataan terakhir mereka) bahawa kepentin­gan 'pembeli' dijaga melalui dokumen yang ditandatangani dengan pihak terbabit. Tetapi mereka katakan "tidak ada isu dan ini menujukkan keangkuhan di pihak mereka dan tidak adil bagi kami," katanya.

"Kami telah meneliti kandungan dokumen yang disediakan oleh penye­laras DAP Sandakan, Anthony Teo, dan Pengerusi pro-tem DAP Karamunting Simon Chok Kon Tack.

"Dokumen-dokumen ini boleh dilihat di laman blog DAP Sandakan dan bersama dengan pandangan dari penasi­hat undang-undang kami, Tijac bersetuju dengan pandangan dan penaksiran mereka," katanya lagi.

"Apa yang kami faham sekarang, perjanjian persetujuan jual-beli (S&P) tidak bernilai kerana kami tidak dapat mencari rumah kami di TL077552035 seperti yang dinyatakan dalam S&P," kata Halim.

Beliau berkata, sebaliknya pihak Wah Mie memberitahu mereka 'bahawa rumah-rumah mereka berada di PT97070642 dan oleh itu hal-hal yang dinyatakan dalam S&P menjadi pertika­ian.

Ini bukannya rumit….ia telah menye­babkan 290 orang pembli dalam kesusa­han.

"Kebanyakkan penduduk telahpun menetap disana selama lapan atau 10 tahun. Mengapakah tiada tindakan diam­bil oleh pihak-pemaju untuk memperbe­tulkan keadaan selama ini?" tanya beli­au.

"Apabila kami mengadu kepada wakil rakyat kami jawapan yang kami terima adalah 'jangan susah, kerajaan sudah selesai'. Kami tidak mahu jaminan sema­ta-mata, kami mahu tindakan diambil."

Halim berkata, Tijac menyokong penuh seruan Majlis Perbandaran Sandakan (MPS) untuk mengadakan dia­log dengan pihak-pihak terlibat.

"Kami juga menyokong tindakan melaporkan perkara ini kepada Badan Pencegah Rasuah (BPR) oleh DAP Sandakan baru-baru ini," katanya.

Sandakan DAP wants joint inspection on project

Daily Express, 26th July 2008 (Sat)

Kota Kinabalu.

DAP Sandakan wants the Sandakan Municipal Council (SMC) and Wah Mie Realty Sdn Bhd, the developer of Taman Indah Jaya in Sandakan, to arrange for a site inspection of the housing estate.

In a joint statement by DAP Sandakan Coordinator Anthony Teo and Karamunting branch pro-tern chairman Simon Chok Kon Tack, the party said the site tour would clarify questions about the housing area.

"We will be pleased if the SMC President and the developer can make an arrangement for a site inspection to show us or point to us where Taman Indah Jaya Phase 9A, 9B and Phase 10 are located in TL 077552035."

"We have met with Yeo Boon Hai, the SMC President, and he has accepted and agreed to our proposal to call for a dialogue with the developer, purchasers, lawyers, bankers, the Land and Survey Department and other relevant parties," they said.

"Since Wah Mie has confirmed that 2,654 units of various types of houses were erected in TL 077552035 (171.7 acres), DAP Sandakan urges SMC to disclose the total amount received from this housing project."

Taman Indah Jaya Phase 9A & 9B diabolical deal.

We are posting this Press Statement released by Wah Mie Realty Sdn Bhd to the Local Press both in english and mandarin, and this amount to a public confession of their wrong doing.

Press Statement by Wah Mie Realty Sdn Bhd

We had entered into a joint venture agreement with the Sandakan Municipal Council to develop TL 077552035 (171.70 acres) and the adjoining land on which Phase 9A, 9B and 10 had been erected. The housing estate is known as Taman Indah Jaya. As a joint venture developer, we are duty bound to clarify certain issues which have confused the minds of the purchasers.

Under TL 077552035 (171.70 acres), a total of 2,654 units of various types of houses had been erected. The Offer for subdivided titles has finally been issued and action is being taken to pursue further on the final preparation and release of the title deeds.

For Phase 9A, 9B and 10, the landowner, Majlis Perbandaran Sandakan had obtained the approval. Offer for alienation had been issued and accepted. The necessary survey had been carried out. Action is being pursued to get the master title (held under PT 97070642) out and followed by the process of subdivided titles.

The land title and subdivided titles are being pursued, The right and interest of the purchasers have not been affected as claimed by certain quarters. The Company wishes to advise the purchasers not to be misguided by persons with hidden agenda.

The purchasers’ interest have been firmly secured through the legal documentation signed with the parties concerned. There is no issue at all, Wah Mie Realty Sdn Bhd is committed together with the landowner, Majlis Perbandaran Sandakan to obtain the subdivided titles to the purchasers.

分割地契不久將發出
華美實業促美麗園屋主放心

自由日报 24/7/2008

(山打根二十三日 訊)

華美實業有限公司今天發表一篇文告說， 該公司與山打根市議會簽署一份聯營合約發展 TL077552035 (171.70英亩)土地，以及相連的土地PHASE 9A, 9B和10, 這個房屋新村稱為美麗園(TAMAN INDAH JAYA) 現在，我們有責任要澄清一些課題。

在TL077552035 (171.70英亩)土地下， 總共興建了2,654間各種房屋，而分割地契已進入最後階段，而不久將發出地契。

至於PHASE 9A, 9B 和10土地，山打根市議會已獲得批准，必要的測量正在進行中，以獲取地契(PT97070642)以便進行分割地契。

地契和分割地契正在進行中，而屋主的利益並未受到影響，華美公司勸告屋主不要受到有關人士誤導。

屋主的利益是受到保障的，因為他們在律師樓與有關發展商和有關公司簽署了合約，因此，絕對沒有任何問題，華美實業公 司與地主山打根市議會作出承諾為屋主獲取分割地契。

Forming of Housing Action Committee for Taman Indah Jaya Phase 9 A & B

New Sabah Times (21st July 2008 Monday)

SEEKING SOLUTION.

Owners of hous­es entangled in the land title contro­versy in Sandakan have been advised to form a committee to act on behalf of the group in the pursuance of a solution to the issue. More than 100 of them attended a meeting with Halim Hanapia, a Kota Kinabalu based lawyer at the multipurpose hall of the housing estate's recreation club to seek legal opinion and advises on the matter on Saturday night. Present were DAP Sandakan coordinator Anthony Teo and Karamunting branch pro-tem chairman Simon Chok.

The housing controversy came to light after both DAP leaders went pub­lic to expose the issue. At least 290 houses in the housing estate located off Mile 4 Jalan Utara, which is a joint venture project between a leading developer and the Sandakan Municipal Council, are affected. The land title number stated in their Sales & Purchase Agreement is not for the land where their houses are occupying but that of an adjacent site. Meanwhile, Anthony Teo said they would act as facilitator after having highlighted the issue and it is now up to the affected house owners themselves to decide the next course of action.

Picture shows the house owners lis­tening to Anthony Teo (standing) dur­ing Saturday's night meeting. - By JAMES LEONG

Taman Indah Jaya Phase 9 Housing Scandal in Sandakan, Sabah

We have today provided details information to the BPR Sandakan office providing them with comprehensive details with regard to Taman Indah Jaya Phase 9 housing estate consisting of 290 units in Sandakan and as more new evidences came to light, it shows the said housing was affirmatively sited at PT 97070642 and not in TL 077550235 as stated in the Sale & Purchase Agreement. We believed the details provided are sufficient for BPR to commence immediate investigation and bring the culprit to book.

And we like to take this opportunity to thank the public for their courage by bring to our attention and providing us with those new documents to the case and without them we will not be able to come to this point in exposing this scandalous scheme.

DAP SANDAKAN is service oriented political party and our service is free and therefore, anyone soliciting money on our behalf should be avoided.

Copies of the information are also dispatched to Bank Negara, Sabah Law Association, Land & Survey Department and Sabah Housing Controller Unit urging them to conduct their own internal investigation and to persecute anyone in their own sphere found to have involved in this scandal.

On the basis of the new documents available to us, the first question come to mind is why Wah Mie Realty Sdn Bhd (WMR) as a developer proceed with the development in 1999 knowing full well the legal title to the site was in doubt.

These doubt were not unfounded and this can be seen in the land application number PT 97070642 that were submitted by Sandakan Municipal Council (SMC) to the Land & Survey Department in 1997 which at that material time has yet to be alienated for development but the SMC Building Section gave the go-ahead in 1999 while fully aware the status of the land was still a state land meaning it has no legal title to the land.

And to circumvent the problem and to handle the Sale & Purchase agreement with unsuspecting buyers, the developer use a land title number of an adjoining piece of land (i.e TL077550235). This shows the clear criminal misrepresentation and the intent to cheat and to mislead.

Since the housing is located in PT 97070642 thus the Power of Attorney dated 15th January 1993 used by WMR to conclude the Sale and Purchase agreement only cover the town lease and there it is fatally faulted and not binding which only means one thing – all the Sale & Purchase agreement for phase 9 is null and void from the day it was signed.

When it come to the Sale & Purchase agreement, the legal firms involved loom large as house buyer had paid between Rm4,000 to Rm6,000 legal fees for their services and it is mind boggling, they could not detect the discrepancy. And yet a simple land search should have sufficed.

Furthermore, the Land & Survey Department should have detected this encroachment into a state land and taken necessary actions to stop it. And the question here is why it is not done or perhaps some undue interference from “higher up”?

We strongly advised the House buyer to write to their respective banks to inform them the immediate suspension of the monthly repayment of the housing loan in light of the discrepancies highlighted by DAP SANDAKAN. Payment will only resume after the banks have fully satisfied with the land status and as this would also pressure the banks into taking legal action against the culprits.

As the houses were not built on the land as claimed then it also renders the renewal and validity of the bank Mortgage Reducing Terms Assurance policy (MRTA) and the fire insurance policy in serious doubt and uncertainty.

Lately, banks seen to be aware of this as some owners were unable to re-loan or sell their properties as Licensed Valuer could not able to put a value to a “title-less” property.

We also urged the President of Sabah Law Association (SLA) to investigate whether their members had deviated from their own code of ethics as in this case.

We noticed most of the lawyers in Sandakan are the Panel for the same developer and thus, it became extremely difficult to seek second legal opinions in this situation and is unhealthy.

Therefore, SLA should come up with some self regulating guidelines in their own profession to prevent a great majority of lawyers in an area from ending up as the Panel for any one developer. We hope SLA will look into this seriously or they will be a public calls to allow peninsular lawyers put up office here.

We urged the Housing Controller Unit in the Ministry of Local Government and Housing must ensure future issuance of developer license need to take into account following points;

a. They should be separate lawyer for the Developer and House Purchaser.

b. Conversion of master title into subdivision or strata title should be done within 3 years as without this some of the master title is alway in this stage of “un-subdivision” and we noted many are more than 10 - 20 years or so.

c. Should not allow for the administrative charges for reassignment after 3 years.

d. Housing joint venture should show a clear cut ownership of the land. As we noted some housing land are still in native title (NT) and why not have the conversion done first? And what would happen if the developer absconded?

As Taman Indah Jaya is located in the constituency of YB Au Kam Wah and in light of the evidence now available to him we hope he is brave enough to call the BN state government to conduct a full investigation. I also urge Y.B Au to get SMC to publish how much it receives from the sales of Taman Indah Jaya Phase 9 project?

DAP SANDAKAN is working closely with our DAP elected representatives Y.B Jimmy Wong and Y.B Dr. Hiew King Chu to bring this case to the attention of the state assembly and in Parliament.

Once again, we wanted to reiterate that the state government should alienate the land directly to the house owners.

To view & download all documents, while viewing double click on any document.

Siphoning Water from Fire Hydrant

The Permai club House in Villa Permai Jaya situated along Sibuga road Sandakan or more precisely sited on the land once belong to the Old Folk Home and the Disabled Children, and now the Housing Developer even have the audacity to siphon off water from a fire hydrant for use in their swimming pool.

We checked with the Bomba Department and if this is the case Permai Club House have indeed committed a serious offence in tampering and siphoning off water from the fire hydrant. It is unthinkable what will happen if there is a fire and therefore, we urge the Bomba Department to investigate is matter thoroughly.

Water to the fire hydrant are provided free of charge by the Water Department which is under the charge of Datuk Raymond Tan. And we strongly urge Datuk Raymond Tan to instruct the Water Department to bill and to charge the Housing Developer in court. The Water Department must send a strong message to those scrounge as this would greatly assist in reducing the non-revenue water (NRW) to an acceptable level.

Since Villa Permai Jaya is located in the land once belong to the Old Folk Home and the Disabled Children, Datuk Raymond Tan being a DCM and having access to relevant information should as a matter of public interest, review how this gazatted land get into the hand of the housing developer, who is behind all this, the justification and the rational behind it. And do Datuk Raymond Tan condom such act of robbing the Old Folk Home and Disabled Children’s land? I also urge the DCM to quickly find a replacement to the 25 acres of land taken away by the housing developer from a total of 50 acres.

供老人與殘缺兒童院發展地段

2008-05-11 华侨日报

【本報山打根十日訊】就一塊供老人院及殘缺兒童院發展的部份地段在無地契的情況下，由私人公司發展屋業出售予公眾人士的事件，民主行動黨將致函國家銀行及相關部門，要求對有關事件作出解釋。

該黨加拉敏汀區籌委主席西門卓觀德今早在接獲來自該位於西甫架路一屋業買主投訴指某銀行因其文件（包括地契）不足拒絕借貸後，作出有關指出，在場的有該黨根區協調員張衍文。

卓氏向報界出示的一份買賣合同(S&P)內只有一個該地段於一九八九年七月四日納入憲報的號碼L07200205並無地契號碼。

他對於有關當局，一塊地段地契仍未發出，便可大事發展，而且連入伙紙亦發出感驚異，尤其有關建地，在憲報上列明是供老人院及殘缺兒童院發展的。

卓氏認為，若當局真個為孤苦老人着想，要讓他們和社會的距離拉近，大可由私人發展公司在老人院附近買地（非老人院地）發展屋業，而不是向老人院地打主意！

他也質問當年的社會服務及消費人事務部長，究竟在此項由社會服務諮詢局與私營公司的屋業聯營計劃在推行前，有否對有關地段（約廿畝）進行估價，地主所得利潤若干，及收益用在何處？有關工程有否公開招標等，向社會人士作出交待。

卓氏表示，以普通的慣例，一份有效的買賣合同上必須註明建地的地契號碼，而上述房屋區在連牙蘭號碼亦沒有的情況下，把另一個毫不相干的號碼列入買賣合同裡便進行交易，同時也獲得多間律師樓處理及得到部份銀行借貸，其個中原因令人難以理解，涉及的執業律師，其專業精神也令人質疑。

他說，在無地契的情況下，市議會能否向業主徵收門牌稅，水電供又如何，投保火險是否有效，種種問題也將會接踵而來。

他籲請人們今後欲投資屋業，事前最好先到土地測量局查核，以策安全。

Building plans of MP’s office rejected: Yeo

Daily Express 4th January 2008 (Friday)

KOTA KINABALU:

Sandakan Municipal Council (MPS) President Yeo Boon Hai Thursday said the Council had rejected the building plans of a premise here housing the office of Kinabatangan Member of Parliament Datuk Bung Mokhtar Radin.

However, he said the MP’s official had made an appeal based on security reason, abandoned area, cleanliness of the staircase, mugging cases and damaged light bulbs.

“MPS will submit the appeal to the Building Plan Sub Committee for consideration,” Yeo said in a letter to Daily Express dated Jan 3, 2007.

He was responding to a report by DAP Sandakan Coordinator Anthony Teo published on Dec 29, last year questioning the construction of a special staircase leading to the MP’s office. Teo had said that it seemed that MPS was practising double standard in dealing with matters that came up for its consideration. The MPS President said the Council welcomes queries from any party and would render its co-operation in every way possible with view to clarify any confusion.

Yeo further clarified another statement by Teo published on Dec 25, 2007 pertaining to a complaint by an owner of a terrace house built on MPS land TL077552035 in North Road, here.

Teo was quoted as saying that house owner was not happy as the house he bought in 2000 now sits on a land that did not belong to MPS as shown in the Sales and Purchase Agreement. The terrace house is in Taman Indah Jaya.

Yeo said MPS was entrusted by the Government in 1980 with the responsibility of overseeing and monitoring the development of Taman Indah, which comprises, among others, Taman Indah Jaya, a race course and sports complex. He said the Taman Indah Jaya housing project was a joint-venture development between Wah Mie Reality Sdn Bhd and MPS, implemented through an agreement signed on Sept 21, 1992. It consists of TL077552035 (63.5 acres) and PT9707064 (235.2 acres). He said on Nov 14, 2000, the Sixth Supplementary Agreement was signed between MPS and Wah Mie Reality for the development of the Phase 9 of housing project, which is sited on part of the Taman Indah land.

Yeo further clarified that on March 22, 2007, MPS officials had a special meeting with the Natural Resources Department secretary together with officers from the Land and Survey Department as well as Town Planning Department to discuss MPS land application (LA9707062). “MPS was required to submit a detail report to Pejabat Hasil Bumi for them to consider the issuance of title. We have submitted the report,” he said.

Yeo said local elected representatives Datuk Samsudin Yahya, Au Kam Wah and Chong Hon Mm had also enquired about the same matter. Chong had even raised the matter in Parliament during its recent sitting. He also disclosed that the Land and Survey Department had issued the offer letter for the sub-division of the 171.7 acres to MPS which the Council received on Jan 2, 2008. The remaining 63 acres will be issued with land titles soon.

“This land application PT97070642 is meant for residents and we do not understand why the DAP Sandakan Co-ordinator wanted the application cancelled,” Yeo said.