Disclaimer






"I am a BLOGGER NOT an expert. This is a BLOG not a 'go-to' website for official information. I represent no one's view save my own. I have neither legal nor financial training, nor do I have anything to do with the real estate industry. My understanding of the Collective Sale Process is from a layman's position only. My calculations, computations and tables are homespun and may contain errors. Please note that nothing in this blog constitutes any legal or financial advice to anyone reading it. You should refer to your lawyer, CSC or financial adviser for expert advice before making any decision. This disclaimer is applicable to every post and comment on the blog. Read at your own risk."
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There is one thing worse than an Enbloc ----- and that is an Enbloc done badly. Since the majority have the necessary mandate to sell, then they owe it to all SPs to make a success of it. Minority SPs can only watch and wait, if they sell then lets pray it's at a price we can move on with, if they don't sell, then we are happy to stay for a few more years.

Indemnity

Indemnity - protection from liabilities or penalties incurred by one's actions.

The Sale committee are a group of volunteers; they frequently present themselves to the SPs as having some 'experience' in en bloc sales and thus are 'qualified' persons for the job. In reality they can be anything but. Some sale committees can be entirely made up of bumbling idiots. In all CSA's that I have seen, the SC are very careful to indemnify themselves - they cannot be sued for their actions or inactions.


As volunteers, their actions create liabilities and legal obligations on the part of SPs, as they act on behalf of the SPs in a fiduciary as well as contractual capacity (see Horizon Towers Appellate Court decision). So when things go wrong, the fallout is on the SPs heads entirely, the SPs pay for sale committee mistakes, in spades.
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This does not seem right to me, in fact it is quite bizarre.
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From an owner's perspective, handing over my property to a group of neighbours, (non-professionals with zero professional insurance coverage) to sell on my behalf, borders on the insane to begin with. Their potential mistakes could leave me out of pocket by tens of thousands of dollars, I could even be left a bankrupt if they, say, 'indemnify the developer-buyer against loss due to delay etc'  (yep, our CDC Rd 1 did just that!). I would  at least craft a contract in my favour. The terms on which the SC -SP relationship are to be established have to be very clearly set out and have to be acceptable to me, and should provide sufficient protection to me in case I suffer any liabilities or incur any obligations due to their action or inaction in the course of that relationship.

So.... I would indemnify myself against the sale committee.

Remember, you are giving someone the power to sell your most valuable personal property without insurance. The current model of en bloc leaves owners naked and exposed to the unimaginable.

4 comments:

  1. You know, I don't think the same "residents" are so daring to try again. Well if anyone dares to try the second time, we will be ready for them. The main thing for us to do now is to enlighten or educate our SPs on future invasions. I don't think that a lot of our people comes to this website, so they are not informed of your articles. Can we send out newsletters or something? Don't leave thing to the last minute.

    Comment was moderated by itshometome

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  2. It is good that Tampines Court is not openly going for en bloc at this moment. I wouldn't want it to happen so soon after the last. My blog is just bubbling quietly on the back burner and truly, I am not bothered if few come to visit it. All things in the fullness of time - so, no, there is no call to whip up issues or advertise openly in the estate. I shall continue tracking the latest happenings abroad and add in a few musings, that is all.

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  3. Just from an outsider observer. I visited Tampines Court recently with a purchase perspective. While I like the ambience, was rather astonished that it was not well maintained comparative to even its surrounding HBD estate. I noticed pipes leakages, malfunction lifts, rather untidy void decks and corridors. Rubbish seems to be thrown down by tenants living from the upper floors, I also think that the property need a rewiring overhaul. I was even more intrigued with some of the conditions of the apartment for sale or rent. I noticed some rental flats are over stuff with tenants and was wondering how one could live with these conditions. I left thinking that the residence of TC has an appalling living threshold. Personally, asking prices on most of the apartments are exorbitant (considering the overall condition of the estate) which I reckoned was hyped by irresponsible house brokers
    of en-bloc potential.

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  4. I agree, our estate is looking rathe dowdy at the moment. We had our AGM just last Saturday and it is only through an AGM that the MC can get permission to release the funds to repaint the estate. Thankfully, the MC got that necessary permission and the repainting of the entire estate, includng the boundary wall, playgrounds, guard houses, balconies etc will be done by Christmas. The leaking water pipes, old letterboxes etc are being replaced at the same time. T

    As for the tenant problem, the only thing any MC can do is refer the matter to the URA and the Managing agent has been doing just that. The URA sends inspectors and issues warnings to those units that are deemed overcrowded and breaking URA guidelines.

    3 such units were given notice by the URA recently. It is an uphill battle for sure.

    The units are large and the estate size enourmus, so the asking price I believe is justified. The cosmetic surgery which the estate requires will happen this year.

    Don't forget, we have been through 3 years of en bloc stalemate whereby the en bloc MC let th estate deteriorate to the state it is is now - and believe me it is better than 1 year ago!

    Come back in 6 -9 months and see the difference..

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