Condo Management Fee

Discussion in 'General Talk' started by ixeo, Jul 30, 2014.

  1. ixeo

    ixeo Senior Member
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    Every month, the condo charges maintenance fee to as upkeep for the guards, taking care of the compound, ensure the lights are maintained etc - all managed by the JMC.

    Recently, a businessman opened a restaurant downstairs at the condo (ground floor). And after few months, because business is not good and not many people buy his food or eat at his restaurant, he is seeking reimbursement from the JMC for the money he has invested in renovation and development.

    So now, JMC is considering to pay the businessman a lump sum, where the money will be taken from the condo's sinking fund.

    What you think? Is this a good idea? Is it fair to the people staying in the condo? Is it fair to the businessman?

    EDIT: His food sucks by the way, for the same amount of money I can eat outside for a better meal. e.g. Nasi lemak Ayam no ikan bilis and kacang but charge same price as outside.
     
  2. stupidcar

    stupidcar 5 Year | Silver

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    Isn't there any sorts of contract? Isn't fair man.
     
  3. jerrysiow

    jerrysiow Senior Member
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    Totally not fair to the residents in the condo who paying the maintenance fee and sinking funds every month. I'll raise out my voice if I'm the resident there.

    Business failed = Request for reimbursement? What kind of logic is that? (Sini bukan la govn linked project or business, rugi govn punya and earn saya punya?)

    Example: I rented out my shoplot for you to do business and you've renovated my shop like plastic ceiling, marble floor, etc. And you're not able to sustain and continue your business because of poor transaction. Now you plan to ask me to pay back you because you've renovated my shop? First, I never ask you to renovate my shop and second I didnt ask you to pay me for extra work like you leaving rubbish in my shoplot.
     
  4. vr2turbo

    vr2turbo 5 Year | Silver
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    Got to find out what was the original contract?
    But if there is none, then no need reimburse them, mah! Business fail is businessman responsibility. If he makes, will he share the profit?
     
  5. Toyota Corona TT141

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    For the JMC to even consider reimbursing the businessman in this scenario is totally and inappropriately outrageous, however if such a term was included in the tenancy agreement then it is legally binding on the contractual parties. No matter what, the thought of reimbursement sounds exceptionally dubious under normal circumstances and it must be investigated in greater depth to really understand why was such a clause included in the tenancy agreement in the 1st place!
     
    #5 Toyota Corona TT141, Jul 30, 2014
    Last edited: Jul 30, 2014
  6. ken yeang

    ken yeang Senior Member
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    Bad business happened, and wanted a reimbursement? Cronies ka?
     
  7. C99D-MMC5537

    C99D-MMC5537 Senior Member
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    Just ask the chairman. Why he agree on this reimbursement.
     
  8. ixeo

    ixeo Senior Member
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    Not that we know of.

    fair enough.

    nobody knows. :hmmmm: apparently the businessman claims that his restaurant is opened to serve the condo residence and its for the benefit of the residents, since it is opened in the condo compound. considering the food is so awful, i doubt anybody from outside the condo would visit.

    not sure. nobody was consulted over it. just that now want money from us the residents, it is made known.

    :hmmmm:

    nobody agreed yet, the businessman is asking for it.


    So anybody feel the businessman is right/reasonable?
     
  9. fazidk

    fazidk Senior Member
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    IMHO there is no such thing....meaning he aka d businessman has NO right to ask for reimbursement just bcoz his business is not doing well...it's absolutely UNETHICAL...n for d management to even consider reimbursement shows some hanky panky going on...
     
  10. Supra_Fanatics

    Supra_Fanatics Senior Member
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    I don't think the management or JMC should pay him for his failed business. He started a business there at his own will and even if he was invited to start a business there, he started because he agreed or wanted to.

    Now that his business has gone down the drain, there is no one to blame but himself.
    What about people who started business outside who rent a shoplot?

    If business fail, ask the landlord to pay them back for what is loss? Because he failed his business by using the shoplot he rented? Pay for all the paint work, furniture and bars that he renovated?

    Is just doesn't make sense. Is stupid if JMC is going to accept his complain and reimburse him. To me is just not fair to residence there. Is still residence money.

    The residence there should all stand up to protest. If not, maintenance, guards and those fees who cover?
     
  11. vr2turbo

    vr2turbo 5 Year | Silver
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    No such thing as benefit the residents. I would understand the residents might even cook on their own rather then eat at the restaurant all the time.
    My friend is running a laundrette at a Condo also. When he first took it up, he also told me hope it runs well if not he will loose quite a lot, therefore nothing to do with the management, as he just take up the shop with rental agreement only. So far he is surviving.....:biggrin:

    Oh! my ex Japanese Boss who stays in a Condo on the way to Subang airport, have treated up for Japanese Lunch and Dinner before at his Condo. Seems outsiders can eat this Jap restaurant....
     
    #11 vr2turbo, Jul 31, 2014
    Last edited: Jul 31, 2014
  12. Supra_Fanatics

    Supra_Fanatics Senior Member
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    Ya man, no such thing as benefit the residents. I'm still paying for it. If he really so kind and honorable, don't charge the residents then is call benefiting the residence.

    He starts up business also meant to gain profit.
     
  13. stupidcar

    stupidcar 5 Year | Silver

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    You seem so calm.
    Time to unleash your sarcasm. :rofl:
     
  14. Izso

    Izso Boooooossst
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    I hate staying in condos.
     
  15. Supra_Fanatics

    Supra_Fanatics Senior Member
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    I love condos and house, pro and cons. House especially single storey like my parent's one. We are always worried about robbers coming from the roof. Yet housing area people those that never kena rob before are not gonna pay.

    Really hope that these cheapskates will get rob instead of us who is paying...pay RM60 a month already make noise while they happily paying RM200+ for phone bills each month or data plan.
     
  16. cvkit17

    cvkit17 Senior Member
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    You kayaman

    Well it all depends on what's being inked into the contract between the JMC and the businessdude. If it is the JMC that invited the dude with promises of returns which is inked into a contract, then dudey can file a suit to claim $$ from JMC. Even though it is not inked but if dudey was verbally or unofficially promised by JMC for good returns, then he might be able to sue JMC for contract under mistake/misinterpretation but I believe the chance of dudey to win is slimmer than barbie doll.
     
  17. Supra_Fanatics

    Supra_Fanatics Senior Member
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    Slimmer than toothpicks.

    Nowadays stay condo also can be richer than those with house la bro. :rofl: Like yours adi cost more than house price at certain areas :rofl:
     
  18. EvolutionZ

    EvolutionZ 15 Year | Platinum
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    condo management paying/reimbursement if business failed.
    must be some agenda behind. many JMC nowaday swindlers money from the pool fund especially the sinking fund.
    came across a friend was complaining that the residents are sueing the JMC and ended up in commotions...
    if they will to pay for failed business, then they should get all to sign as consent, all the residents contributed.
    if reimburse the businessman for deposit etc...then ok.
     
  19. ixeo

    ixeo Senior Member
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    Then change the scenario. You are staying in Tropicana Gated & Guarded. You pay monthly maintenance fees. A restaurant opened in the club house, not doing well, want to be be incentivized by Tropicana JMC for his renovated and development of the restaurant.

    Anjua?

    Later I will reveal the name of this restaurant....and the condo..
     
  20. Toyota Corona TT141

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    ixeo : fazidk hit the nail on the head when he stated hanky panky along with many of our brethren albeit in different words.

    Lets recap:-

    1. Availability of tenancy agreement between businessman and JMC is unsure at the moment! A stamped copy MUST be in JMC office, dig it out. No tenancy agreement, no reimbursement whatsoever and nothing to discuss. This clearly shows JMC at fault for allowing third party to operate in within its premises without any agreement whatsoever.

    2. This case is between residents and JMC, as the committee also comprises of elected members or appointed residents in the condo to act on behalf of the condo residents interests. Not between the residents and the businessman. I believe there is and should have a by-law on JMC, try to get the statutes and study them and see what options are available to you if JMC is improperly managed. You may want to consider hiring a lawyer or at least together with the residents after you are clear on what option you may want to exercise.

    No matter what, if you do reach that stage, you would really want to know who would be available for election and having the proper credentials for the job, otherwise it back to square one!

    Out of curiosity I have a 2 questions:-

    A. How long has the business been in operation?
    B. How much losses is the businessman claiming against the JMC for his "RND" research and development failure?
     
    #20 Toyota Corona TT141, Jul 31, 2014
    Last edited: Jul 31, 2014

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