Saturday 22 February 2014

Vital to act against errant developers Their defiant behaviour put Housing Tribunal’s effectiveness in question

LAST week, I compared the difference between a court judgement and an award by a Housing Tribunal. I brought up a case in which a house-buyer filed for liquidated damages of RM40,000 from the developer, and had it granted by the tribunal.
With the award registered at the relevant civil court, the work or function of theHousing Tribunal comes to an end. Should the developer fail to make the payment awarded by the tribunal, the house-buyer would then have to seek redress with the civil court.
However, if the developer resorts to delaying tactics and the buyer faces legal fees he can’t afford, then there’s a very real chance that he will never get any money from the developer.
“But, wait ... didn’t the Housing Tribunal president say it’s an offence not to comply with the tribunal’s order? Didn’t the president say I could lodge a complaint with the Housing Ministry? Surely, there is still hope?” the house-buyer thinks.
I think credit must be given to the Housing Tribunal for the speedy resolution of disputes and the granting of awards. However, the tribunal’s effectiveness in resolving house-buyers’ problem will continue to remain highly doubtful until developers are made to be “award-compliant”.
That is to say, all developers must be made to pay as ordered by the Housing Tribunal without the case having to be dragged to the civil court.
As we have discussed before, failure to comply with a Housing Tribunal award is an offence punishable by a fine of up to RM10,000 and/or imprisonment of up to two years. Therefore, in addition to being enforceable in the civil courts, a Housing Tribunal award, unlike a civil court judgement, may entail criminal sanction.
A housing developer and (by virtue of section 22(1) of the HDA) the directors, managers and secretaries, as well as agents, clerks or servants of the housing developer can be sent to prison if the developer does not pay as ordered by theHousing Tribunal. They can be imprisoned between a year and three years and to a fine of between RM50,000 and RM250,000.
Prosecution, however, lies in the hands of the Public Prosecutor, not the Housing Tribunal, and despite a few thousands awards not having been complied with over the years, the number of prosecution cases remains disgracefully negligible.
Enforcement
Shortly before the 2013 general election, I witnessed the presentation of letters of appointment to the presidents of the Housing Tribunal by the then honorable Housing Minister and heard him speak. In his speech, the minister acknowledged appreciatively the large number of awards made by the Housing Tribunal over the years, but also noted that thousands of awards remained engkar (not complied with).
He said more effective ways of ensuring compliance had to be looked into.
The question now, is prosecution not an effective means of ensuring compliance by defiant developers? Parliament must have thought so when it saw it fit in 2002 to allow for criminal sanction to be imposed on developers who defy the awards by the Housing Tribunal. After all, surely most, if not all, developers would rather pay up than be slapped with a hefty fine, or worse still, risk going to prison?
On top of that, a developer, once convicted, is liable to a fine of RM1,000 for each and every day that he fails to do the bidding of the Housing Tribunal (section 16AD(2) of the HDA). If that is not enough to make a non-compliant developer pay up immediately, I don’t know what would be.
It comes as no surprise that developers who have been prosecuted have been known to pay up immediately.
Unfortunately, developers have also been known to get away with rather insignificant fines. And sadly, cases of developers being hauled up and prosecuted remain far and few in between, despite the increasing number of offences being committed.
What’s noteworthy here is that developers do pay up when faced with prosecution. We can, therefore, conclude that effective prosecution is the only sure means to ensure compliance by stubborn developers. In fact, I dare say that severe sentences, such as imprisonment, in a few or even just a couple of prosecution cases, would serve as a very effective deterrence.
It is my hope, and I am sure the hope of many house-buyers out there, that the current honorable Housing Minister Datuk Abdul Rahman Dahalan, will during his term in office, ensure that there is a significant increase in prosecution regardingengkar awards.
Until this takes place, the effectiveness of the Housing Tribunal as a forum for house-buyers to fight against errant developers, and the efficacy of the Housing Ministry in protecting the rights of house-buyers, will remain doubtful.
Action against errant developers is seen by many as something to be desired.
Chang Kim Loong is the honorary secretary-general of the National House Buyers Association (HBA): www.hba.org.my, a non-profit, non-governmental organisation manned purely by volunteers. He is also an NGO councillor at the Subang Jaya Municipal Council. - The Star

Latest government cooling measures can help stabilise property market

THERE are many ways to stabilise the residential property market and the latest measure by the Government to curb bulk buying is a step in the right direction to ensure a more equitable market that is led by real demand.
On Monday, Urban Wellbeing, Hou­sing and Local Government Minister Datuk Abdul Rahman Dahlan said developers selling more than four residential units to a single buyer or group must now obtain prior approval from the Controller of Housing. The new enforcement would be made compulsory in all real-estate advertising and sale permit materials.
Property consultants gave their thumbs up to the move aimed at reigning in property speculation and flipping activities for fast gains.
Property consultancy Khong & Jaafar managing director Elvin Fernandez says the curb will in the medium to long term help to stabilise the housing market. “It is very good that these measures have come out. Bulk buying has been misused and the current intended curtailment to limit such buying to four units is good. Bulk buying by speculators with the intent of flipping and crowding out genuine buyers is not healthy,” Fernandez says.
He says bulk buying can distort the market when speculative groups of buyers signal to developers demand which in fact is not real demand in the market. However, Fernandez believes bulk buying is a good thing if it is done for genuine reasons such as parents buying houses for each of their children when there are favourable interest rates.
Property clubs
“Bulk buying by a group of property buyers under property clubs can be disruptive only when they feed on rising prices. If such clubs are more investment orientated and are highly transparent about their operations, I see no harm in them,” Fernandez observes.
Fernandez: ‘Bulk buying has been misused.’
VPC Alliance Malaysia Sdn Bhd managing director James Wong discloses that bulk buying are mostly done via property investors club and by foreign buyers from China, Singapore, Japan and South Korea.
“They are mostly financially strong and are interested to buy in strategic locations with public amenities such as projects nearby to MRT stations and LRT extension lines, which usually have higher opportunities for capital appreciation. Bulk property buyers normally have the financial muscle to buy in bulk to get good pricing and discounts, and they usually go for properties of RM500,000 or more.”
Wong contends that bulk buyers of properties are indirectly providing shadow banking financing for projects and assisting developers to fast-track the required sales target for bridging loan drawdown.
As such, bulk purchase of properties tend to distort the market as they are sometimes “intermediary” buyers and after buying, wait for opportunity to flip and dispose the properties.
Concurring, CB Richard Ellis Malaysia executive director Paul Khong says bulk buying creates artificial demand in the early stages of a project’s launch.
It usually involves high-rise residential strata properties where supply is high, but rarely for properties with genuinely strong demand especially landed segment in prime locations.
According to Khong, bulk buying has been successful in hot areas and allow developers to report 100% sales on the first day of a project’s launch.
“Due to the artificial demand of a big take up at attractive prices in the early stages, the stock available to the market quickly dries up and it creates a rush and a buzz for the balance units which sends the unit prices rocketing further. This also sets the tone for prices in the next launch,” Khong explains.
Cooling the market
Due to the high number of units booked, developers would be willing to offer more discounts to push sales and pare down their risks.
The property clubs are used to bring in quick sales by offering good discounts prior to the actual launch. Developers can get their sales numbers high from the start and prices will rise even higher.
Khong says the curb on property bulk buying to reduce unhealthy and excessive speculation in the market needs to be closely monitored and has to be enforced effectively to ensure a fine balance prevails in the market.
Khong: ‘Property investments will always be a favorite
While excessive speculation and false demand will create problems affecting the capital values of properties, he says too much legislative intervention in the property market will affect its “free market” status.
Besides bulk buying, there are other contributory causes for the spike in property prices: developer interest bearing schemes; attractive funding/financing rates; low fixed-deposit rates and the weak foreign exchange that attracted more foreign buyers to the local market in recent years.
“On the whole, the curb gives a fairer chance to more genuine Malaysians to own properties at reasonable prices or even at the developer’s original list prices.
“The public will continue to invest and make profits from property purchases. With inflation all around, property investments will do well as it is a hedge against inflation and will always be a favourite investment choice for all,” Khong concludes.
Fernandez foresees more measures and tweaking of the measures to be introduced moving forward.
He singled out the DIBS and not property bulk buying as one of the main factors that has caused the sharp price hikes in the local housing market in the last few years.
“The sharp price hike in selected areas of Kuala Lumpur, Penang, Johor Baru and Kota Kinabalu has more to do with the DIBS. Largely, as a result of the DIBS in 2009, transactions in the primary market climbed from about 25,000 housing units a year or about 12% of the residential market in 2009, to about 60,000 units in 2012, or 22% of the residential market nationwide last year,” he says.
He says after the DIBS was banned under the Budget 2014 announcement, short-term property investors or “flippers” are finding it hard to operate in the current market, which is an objective of the Government’s cooling measures.
When the flippers have been subdued, it will give more room to first-time house buyers, upgraders and investors to participate in the market; the phenomena has been observed in other markets including Hong Kong.
“Bulk buying came on more recently in the last year or so when buyers with purely speculative intent came forward to take advantage of the rising market. Until the end of 2012, house prices have been rising in line with household income, increasing at 5% per annum. It is only selected hotspots that prices have spiked to more than 10 times the annual average household income,” he says.
As to the practice of pre-launch sales and its impact on other genuine buyers, Fernandez observes: “Pre-launch sales are acceptable market practices for developers because it enables them to gauge demand and is, in fact, a risk mitigation measure. It is only when it is used incorrectly that it becomes questionable such as when genuine first-time buyers, upgraders and investors are excluded. Many pre-launch sales have, for example, been open to only the developers staff, or friends.”
He says pre-launch sales should be allowed but some controls must be put in place to ensure all Malaysians who want to buy on the first day are given a chance. - The Star

Saturday 15 February 2014

Olive Tree Residences

A Project by Harta Intan
Bayan Baru, Penang

Property Details

Type: Condo
Tenure: Freehold
Expected Date of Completion: December 2014

The Star

Wednesday 12 February 2014

TSR Capital in land swap with govt


KUALA LUMPUR: Property developer and builder TSR Capital Bhd, together with Lembaga Tabung Angkatan Tentera (LTAT) and bumiputera-owned Pembinaan Bukit Timah Sdn Bhd (PBT), will redevelop the existing 1,007-acre (407.52ha) air force base in Butterworth, Penang into an integrated mixed-use project with a potential gross development value (GDV) of more than RM10 billion.

TSR said in its announcement to Bursa Malaysia yesterday that it had received the government’s approval in principle to set up a joint-venture (JV) company to enter into negotiations with the latter to redevelop the Royal Malaysian Air Force (RMAF) base as part of a proposed land-swap deal with the federal government.

The three companies will also develop a new RM3 billion air force base for the RMAF near mainland Penang. Under the partnership, TSR Capital will have a 51% stake in the JV, while LTAT and PBT will hold the remaining 30% and 19% respectively.

“The government will be able to participate in the redevelopment of the government land through LTAT’s equity interest in the JV company,” said TSR Capital in the filing.

Under the deal, the JV will undertake to relocate the existing air force base and reconstruct it on land to be identified. “The JV company will [also] design, build and finance the development and construction of the new air force base. The government will pay the JV company for the new air force base through a land swap at current market value of government land.

“The government land includes, but is not limited to, a tract measuring 1,007 acres where the existing RMAF Butterworth is situated,” it added.

According to TSR Capital group accountant Ng Kim Keong, the location of the new air force base will be “not far from mainland Penang” and the JV company will serve as the master developer of the redevelopment of the government land.

Ng told The Edge Financial Daily yesterday that negotiations on the deal are expected to be finalised in a year. “All this is subject to approval by all parties. We need to get approvals on the cost, design and so on before we can start construction,” he said, adding that construction of the new air force base will take about four years.

On the land where the existing air force base is located, Ng said the proposed mixed-use development is estimated to have a GDV of more than RM10 billion, and that project will only start after the new air force base has been completed and the existing RMAF Butterworth base, which remains operational for now, is relocated.

On the reasons for the relocation, Ng said the existing air force base is near residential areas and the RMAF equipment as well as buildings are not up to date and need fixing.

The company added that it will provide further details after definitive and conclusive terms have been agreed upon and a formal agreement has been entered into by the parties.

TSR Capital’s share price had moved up 10 sen, or 7.62%, to RM1.43 at the close of trading yesterday.


This article first appeared in The Edge Financial Daily, on February 06, 2014.

Consortium Zenith gets nine acres in STP1


KUALA LUMPUR: Consortium Zenith BUCG Sdn Bhd has been granted some nine acres of land (3.64ha) on Seri Tanjung Pinang 1 (STP1), worth RM305 million, by the Penang government to finance the cost of the initial feasibility studies and detailed design (FSDD) works in the RM6.3 billion Penang undersea tunnel project.

Originally, the company was to get 110 acres for Seri Tanjung Pinang 2 (STP2) from the state government, plus a toll concession on the undersea tunnel, to fund the entire project. However, there has been a delay in the progress of STP2, which is to be reclaimed by developer Eastern & Oriental Bhd (E&O).

“We have spoken to E&O and they believe that the STP2 land will only be available two years from now. Thus, the state government is giving us nine acres on STP1 first,” said Consortium Zenith’s chairman Datuk Zarul Ahmad Zulkifli in a recent interview with The Edge Financial Daily.

He added that this is only a minor tweak to the original funding structure, as the company will still get about 100 acres for STP2, after the nine acres on STP1 were deducted from the amount.

According to Zarul, the nine acres on STP1 are worth about RM305 million, sufficient to finance the cost of the initial FSDD works for the mega-infrastructure project. The remaining RM6 billion is the estimated cost of construction, to build new roads and tunnels on Penang island, as well as the 6.5km undersea tunnel linking George Town and Butterworth which is the main component.

The RM305 million FSDD stage has been broken down into four phases. At each phase the consortium will inject 10% from its own money to fund the costs.

The first tranche of the FSDD will cost RM79 million, meaning Consortium Zenith will have to inject RM7.9 million from its own money. The capital injection was finalised last week, while the second tranche will be due in July and will require another round of capital injection of RM9.4 million (see chart for full timeline).

“For now we have no debts,” Zarul said when asked how Consortium Zenith will finance the capital injection. “We will only start borrowing during the construction stage.”

The bulk of the RM305 million will be spent on the detailed design (DD) portion of the work — which is about 60% or RM180 million. Some 30%, or RM91.5 million, will go toward the feasibility studies (FS) while the remaining 10%, or RM30.5 million, will be used for the detailed environmental impact assessment (DEIA).

The FS is currently underway and Consortium Zenith expects to complete it in April. This is two months ahead of the expected completion in June.

“Once we have completed the FS we will present it to the state government that will have to endorse it. Only then do we call in the design team. The DD takes a long time and could easily take a year,” said Zarul.

Consortium Zenith will then submit the DEIA which could take nine months to a year for approval.

At best, the consortium hopes to be able to begin construction on the major roads on the Penang Island at end-2015 or early-2016, said Zarul.

The first to be constructed will be a 12km dual carriageway from Tanjong Bungah to Teluk Bahang, followed by a 5km road and tunnel from Lebuhraya Tun Dr Lim Chong Eu to Ayer Itam, then a 4.2km road and tunnel from Lebuhraya Tun Dr. Lim Chong Eu to Persiaran Gurney Highway. The final phase will be the 7.2km George Town-Butterworth link of which 6.5km will be the undersea tunnel.

“For the RM305 million FSDD works, the state government has identified two parcels of land in STP1 for us,” Zarul said.

“We are getting developers to come in and forward purchase [the STP1 land for us]. So what we are effectively doing is getting the developers to fund us (in the FSDD phase),” he added.

On Dec 24, Consortium Zenith entered into a joint venture (JV) agreement with Ewein Bhd’s wholly-owned unit Ewein Land Sdn Bhd to develop the first 3.73-acre parcel of land on STP1.

“It is a 60:40 JV, so we will have to come out with 40% of the cash. For the first parcel, that is RM53.2 million on our part,” said Zarul. This is based on the estimated value of the land at RM133 million.

The JV has proposed to undertake a mixed development on the seafront lot in Tanjong Tokong. The development will include high-end residential products, according to Zarul.

“The gross development value will range between RM700 million to RM1 billion for the 3.73-acre plot of land,” Zarul said. 

“We are providing a lot of comforts — dedicated lifts, accidents and emergency facilities, sky bar and limousine service among other things. We want to give five-star hotel service to the residents. In fact we are talking to a hotel operator to manage the project for us later on.”

Consortium Zenith has yet to select a developer for the second 5.7 acre parcel on STP1, although it has already received proposals from a few developers.

The construction of the major roads and tunnels on Penang island, and part of the undersea tunnel is to be funded by the 100-odd acres Consortium Zenith is to receive on STP2. The undersea tunnel is also expected to be majority finance by the issuance of bonds backed by future toll revenue.

“We have already arranged to set up a Penang Real Estate Fund. This will be the anchor in which we have a host of local and international developers who will contribute funds for the development of the 100 acres,” said Zarul.

According to him, instead of awarding smaller parcels to individual developers, the participating developers will collectively oversee its development.

“The fund will be managed by a local bank, which will disburse the money according to schedule,” said Zarul. Consortium Zenith plans to launch the fund at the end of the year.




This article first appeared in The Edge Financial Daily, on February 07, 2014.

Ideal Property Group to launch two projects by mid-2014


PENANG: Penang-based Ideal Property Group plans to launch two developments by mid-2014. The first is Solaria, a mixed-use project in the group’s RM1.2 billion One Residence development in Bayan Lepas and the second is the RM475 million Imperial Residences in Sungai Ara.

One Residence sits on 100 freehold acres (40.5ha) and began construction in 2009. Solaria will be its latest launch. Previously launched were Sathu Terrace and Dua Villas, both residential projects.

The group said One Residence will be the first “green community” incorporating both the slow city life and the Lifestyle of Health and Sustainability (Lohas) concept.

The second project to be launched will be Imperial Residences, which is within the group’s residential project called Imperial Park.

“At the moment, the Imperial Park project is the first of its kind, introducing a resort and theme park-style condominium,” said the group.

In the pipeline is a luxury condominium with a sea-themed concept, with which the company plans to transform the current landscape of Queensbay coastal area.

“The Queensbay coastal area development is still in the planning stage so the launching period has yet to be confirmed,” the group told The Edge Financial Daily.

Ooi: The Imperial Park project is the first of its kind, introducing a resort and theme park-style condominium.

The group recently acquired major stakes in United Bintang Bhd, through which it plans to diversify the core business of import and export of used and reconditioned heavy equipment and machinery used in property development.

“Ideal Property Group foresees benefits and will offer high quality, premium projects to its customers through United Bintang Bhd,” said the group.

“This initiative will not only help consolidate and strengthen the group’s current finances under the management of Datuk Alex Ooi, but also enhances considerably healthy growth in the next few years, turning Ideal Property Group into one of the top property developers in Penang.”

Apart from developing residential projects, the group plans to venture into the hotel and tourism industry in the near future, with the construction of new tourist attractions in Penang.

“This move is not only to support the economic development of Penang but also to contribute the group’s expertise to its homeland while uplifting the image of Penang to the world,” it said.


This article first appeared in The Edge Financial Daily, on February 07, 2014.

Monday 10 February 2014

Land at Balik Pulau For Sale with Huge Potential

Agricultural Land with Development Potential For Quick Sale
Look No Further!
Grab the Opportunity now!


What are you waiting for? This is what you can expect from this wonderful land.
  • Serious seller - priced to sell quickly
  • Flat land with tar road, near main road of Sungai Nipah
  • Near all amenities, colleges, Belleview & S.P. Setia new projects
  • 2 lots, owner willing to consider sell separately
  • The size is right at about 3 acres

Salient Facts

Location and Accessibility
The subject land is located at Balik Pulau, off Jalan Sungai Nipah. It is accessible with tar road.


Neighbourhood
Surrounding the land is Paddy Field, bungalows and schools.

Description
The land is about 3 acres and it is rectangular in shape. The terrain of the subject land is flat.

Price
RM30psf but negotiable for serious buyer

Land at Pearl Hill Wanted

We are delighted to announce that we have ready buyer looking to own a piece of land at Pearl Hill in Penang, therefore if you are contemplating a move or know of someone who is, please contact us by clicking here.

For your kind information, the potential client is a serious and motivated buyer. Therefore, if you are serious in selling yours, you are welcome to contact us.

Behind every successful sale is a Professional Realtor!
We are pleasure to be of service!

Don't wait, contact us immediately if you would ever like your property RENTED instead of JUST LISTED. We have a proven marketing programs for getting your property sold. 

For the list of Property Wanted, please click here.

For the list of Land Wanted, please click here.



We make it our business to know you better to serve you to your full satisfaction. Welcome abroad.

Friday 7 February 2014

Thursday 6 February 2014

Bella Vista Wanted

We are delighted to announce that we have ready buyers looking to own a unit at Bella Vista, Gurney Drive in Penang, therefore if you wish to sell yours or know of someone who is, please contact us by clicking here.

She is a motivated buyer so you may get your property SOLD soon.

Behind every successful sale is a Professional Realtor!
We are pleasure to be of service!

Don't wait, contact us immediately if you would ever like your property SOLD instead of JUST LISTED. We have a proven marketing programs for getting your property sold. It is even easier when we have ready buyers now. 

For the list of Property Wanted, please click here.

For the list of Land Wanted, please click here.



We make it our business to know you better to serve you to your full satisfaction. Welcome abroad.

Vortex Business Park

A Project by Metrio Development Snd. Bhd.
Bukit Tambun, Penang
- The Star

Imperial Residences

A Project by Ideal Property Group
Sungai Ara, Penang


Wednesday 5 February 2014

BN government will pump RM1.25b into Penang projects this year


GEORGE TOWN: Determined to demonstrate that it is not side-lining Pakatan Rakyat-held Penang, the Barisan Nasional (BN) federal government has decided to pump in some RM1.25 billion in projects in the state this year.

Federal Action Council for Penang chairman Datuk Zainal Abidin Osman announced yesterday a slew of 19 new projects, mainly for traffic infrastructure and health, as well as a few for education, to commence this year.

Zainal, who is also state Umno chairman, stressed that these new projects are in addition to 24 projects worth a total of RM5.1 billion that have already been completed in 2013 — including the 24km Second Penang Bridge.

He said the RM4.5 billion bridge is scheduled for opening next month by Prime Minister and BN chairman Datuk Seri Najib Razak at a yet-to-be-determined date, following some final minor installations.

“All these show that the federal government is not marginalising or neglecting the people of Penang,” he said at a press conference at the federal building here.

“We are definitely concerned about improving the prosperity of Penangites.”

The projects slated for this year include an RM400 million multi-storey block with space for 331 beds at the Seberang Jaya Hospital, an RM250 million new wing for women and children at the Penang Hospital, an RM205 million upgrading of the narrow road between Teluk Kumbar and the Penang International Airport, and an RM60 million new flyover in Batu Maung at the southern end of the Bayan Lepas Free Industrial Zone.

Asked about the status of affordable housing projects under the federal PR1MA Corp Malaysia that were announced for Penang early last year, Zainal insisted that the projects are still on for implementation in next two years.

He stressed that the issue of confirming the sites is not easy in view of limited available land in Penang.

“In the process, we will have to get approval from the State Planning Committee (chaired by Chief Minister Lim Guan Eng). We therefore hope to get cooperation from the state government in this regard,” he added.

Zainal said the federal government is certain to develop 10,000 units of houses through PR1MA, as announced by Najib, and another 10,000 by federal agencies like the Penang Regional Development Authority, UDA Holdings Bhd and JKP Sdn Bhd.

Najib had on April 30 last year — five days before the last general election — announced 9,999 affordable housing units in Penang.

On Aug 28, almost four months after the BN retained control of the country, PR1MA announced that 20,519 affordable homes will be built in Greater Klang Valley, Johor, Penang, Sabah,  and Sarawak.

However, the Penang government has complained that its enquiries for details on the units in the state have failed to elicit response from PR1MA or the Urban Wellbeing, Housing and Local Government Ministry. 


For more stories, go to www.fz.com, the website for freedom of expression and fairness in articulation.


This article first appeared in The Edge Financial Daily, on January 29, 2014.

Solaria Residences

A Project by Ideal Property Group
Bayan Baru, Penang


2014 Property Showcase by Oriental Max Group

Projects by Oriental Max Group
Penang


High-end homes near park

Projects by Marvellous Land Sdn. Bhd
Bukit Dumbar, Penang