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Thread: Homeowners sue developer of luxury Sentosa Cove condo

  1. #1
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    Default Homeowners sue developer of luxury Sentosa Cove condo

    http://www.businesstimes.com.sg/prem...condo-20130910

    Published September 10, 2013

    Homeowners sue developer of luxury Sentosa Cove condo

    Three contractors also named in lawsuit

    By Grace Leong [email protected]


    TERMITE infestation, flooded staircases and a rotting timber pool deck were among defects alleged in a lawsuit brought by more than 100 homeowners of oceanfront residential enclave, The Coast at Sentosa Cove, against its developer and three contractors.

    Ho Bee Cove, along with Kim Seng Heng Engineering Construction, Architects 61 and Bescon Consulting Engineers, were accused of, among other things, failing to fix defects in the common areas of the 249-unit luxury residential development.

    These include incorrect installation of electrical fittings, faulty light fixtures, leakages at walls and through electrical conduits, and poor finishes to walls at several apartment entrances.

    To date, more than $93,000 has been spent to fix minor defects, but rectification costs are estimated to total a few million dollars, said Monica Neo, secretary of the Management Corporation Strata Title (MCST) council. The MCST, which filed suit on behalf of 108 owners, is responsible for managing the common areas of the development.

    "We will not know the exact figures until we call tenders to quote for the rectification," Ms Neo said. "Contractors tend to charge a 'premium' price for any works to be carried out at Sentosa Cove."

    Ms Neo told BT that the MCST has also been approached by a few owners with complaints about defects in their units, and wanted their claims included in the suit.

    "However, we are not able to do so as there will be complications regarding the splitting of legal costs. It will be unfair for the MCST to pursue claims that concern one (property owner) but not all because the legal costs are being paid with MCST common funds. So, we have advised them to seek their own legal expert and to pursue their claims separately," she said.

    In a statement to BT, Ho Bee Group said it is a responsible developer and is prepared to rectify any genuine defect that exists in the development's common areas.

    The company said it has "conscientiously reviewed and addressed the MCST's concerns with regards to issues in relation to the common property and where necessary, rectified the genuine defects".

    "Ho Bee remains committed to rectify such defects and has, in fact, made several offers to the MCST to carry out various rectification works. However, where there are issues arising from fair wear and tear or from poor maintenance of the common property, these ought to remain the responsibility of the MCST," the company said.

    But the MCST, which is represented by Edwin Lee of Eldan Law LLP, argued that "the presence of so many defects, given when they started manifesting, could not be due to normal wear and tear of the development".

    In its claim for breach of statutory duty, MCST alleged that Ho Bee Cove "failed to invoke the applicable warranties and indemnities and ensure that the responsible contractors and/or specialists remedy such defects" before MCST took over management of the development in December 2010.

    But Ho Bee Cove, which is represented by Ling Tien Wah and Ross Tan of Rodyk & Davidson LLP, said the alleged defects were caused by the MCST's negligence.

    It said it has "always been ready and willing to carry out rectification works for any genuine building defect".

    But the MCST allegedly refused to permit Ho Bee Cove to carry out various repair works including replacing all the timber flooring of the bridge, revising the floor finish detailing, replacing the timber on the underside of the bridge with a suitable metal cladding, and rectifying affected signages, the developer said.

  2. #2
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    Default Sentosa condo owners sue developer over alleged defects

    http://www.straitstimes.com/archive/...fects-20130910

    Sentosa condo owners sue developer over alleged defects

    Published on Sep 10, 2013

    By Mok Fei Fei


    UNHAPPY home owners at upscale condominium The Coast at Sentosa Cove are suing the developer over alleged defects such as termite infestations and staircase flooding.

    They are claiming the developer, Ho Bee Investment, is responsible for a range of faults in the development's common areas.

    Other alleged defects include the incorrect installation of a temporary power cable.

    The 99-year leasehold property offers both sea views and views of Sentosa Cove waterways to all its units. These luxury units come with a multimillion-dollar price tag. A 3,100 sq ft unit sold for $4.5 million or $1,452 psf in July.

    The developer claims it has the longest stretch of coastline on Sentosa Cove.

    Court papers filed with the Supreme Court stated that 108 owners of the 249-unit development had authorised their management corporation to sue for damages and costs.

    The corporation claims "numerous defects" had been found before it took over control of the condominium on Dec 11, 2010.

    It also said in its statement of claim that it continued to highlight the defects to Ho Bee soon after it took over the management of the property.

    Given the defects and when they were found, the corporation said they could not be the result of normal wear and tear.

    The plaintiff is claiming costs relating to the defects that amount to $93,085. It is also seeking additional damages, to be assessed by the High Court, if the lawsuit is successful.

    The management corporation is also suing three contractors: Kim Seng Heng Engineering Construction, Architects 61 and Bescon Consulting Engineers.

    Ho Bee has filed defence papers denying the allegations.

    The developer stated that it is prepared to rectify any genuine defect on the common property of The Coast.

    Ho Bee said that before the lawsuit was lodged, it had conscientiously reviewed and addressed the corporation's concerns.

    It also said it has rectified the defects where necessary.

    Ho Bee said it remains committed to rectifying such defects and has made several offers to the management corporation to carry out various rectification works.

    But it said that the management corporation should take responsibility where there are issues arising from fair wear and tear or from poor maintenance of the common property.

    The plaintiffs are represented by Eldan Law while Ho Bee is being defended by Rodyk & Davidson.

    This is the latest run-in between owners of luxury apartments and developers.

    Owners of The Sail@Marina Bay have also approved a motion to launch a legal battle against its developer, City Developments, over alleged damaged fixtures including burst water pipes.

    Shares of Ho Bee closed unchanged yesterday at $2.07.

    [email protected]

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    Ex-MP, PAP CEC member, and Presidential candidate is one of the complainants.






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