Legal Pickle

Hey guys, I was hoping that someone may be able to help me out with a few of the issues I’ve been having with the property management group here in Lotus Hill.

Issue 1.

I’ve been caught on camera a few time with my two goldens off of their leashes. I usually do this to play frisbee or fetch with them, not to mention late at night when there’s no one around but other dogs and the owners/masters/ handlers. Even so, I call them back as soon as anyone comes our way and they never leave me unless allowed to. The management group has recently posted a warning that dogs seen off leash would warrant some kind of fine (from management office). If caught three times, card keys would be taken away from said resident, on top of fine.

How much right do they have to do this if no agreement was signed on purchase???

Issue 2.

There is little to no water pressure in the showers and every tenth floor apartment in the same section of the complex suffers the same problem.
Most residents have bought a pump and had it installed and in the general Taiwanese way, have accepted the management office’s excuse that it was problems caused by each individual resident in their respective homes. I have sent a letter refusing to pay the management fees as direct result (until said issue be resolved) to the office and had one of the employees stamp it. They keep claiming that it’s not their responsibility to deal with it and that I have to call the construction company that built this section of buildings. They claimed for a while (several months) that they were going to fix it and nothing ever came of it. There’s a senior couple that lives next door to me that goes down to the gym each day just to shower.

Issue 3.

The apartment that Chan and I bought also came with a level ground parking space in the size of ten pings. Leaving more than enough space to park our scooter. It in no way causes concern for safety as I park it between my car and the wall. This leaves more than enough space for me to ride it into and out of the space, but they keep warning me of fines as it’s against regulation. I can’t understand why we are not allowed to used our own land in the way that it was basically meant to be used…

I’m ready to pull my hair out as I’m quite tired of dealing with their failure to act responsibly when liable, but demanding residents to comply, “or else.”

Not sure if this belongs here or in the Legal forum so mods, do what you will with it.

Any help would be more than appreciated.

-Nam

There might be something is the rental agreement. Most closed communities have some sort of rules you have to follow in order to live there. I have a house (in the States) in the Historical district of the town. I own the house…it is my property…but I am not allowed to paint it purple. …It’s the rules.

The construction company is probably out of the picture. You’re probably screwed unless everybody, who owns a place there, bands together to whine and wail.
Issue 3.

Keep it within your white lines. You paid for that space…it is yours. Keep the scooter within your space and you are fine.

I must say, you are indeed fortunate to be living at Lotus Hill. I have been told that only the creme-da-la-creme ((pardon my French)…why do I say that when I fart also :s )) of the foreign community live there. I have always tried to get in but I have always been turned away at the gate…something in Chinese muttered to me about “we can’t allow that in here”. :s

Ya, we bought this one as well.
There was nothing in the purchasing agreement.

While we’re on that topic, we bought it privately and not from Lotus Hill’s real estate group. Although we did use China Trust realty just down the street.
As I understand it the two are affiliated. Pretty sweet deal as we got 2.2% on the mortgage, and no money down(Chan’s Taiwanese). Leaves our money to grow for a few years before we have to make anything of a lump sum payment and we’re paying the interest instead of rent.

Kind of lucked out I guess…

But not with the plumbing. When we were buying, there was a major annual cleaning of the upstairs water tanks, so we assumed that the lack of pressure was due to the cleaning. That’s what the people at the office said and they had nothing to do with the transaction. So We figured it was believable.

That and they have a sign outside that says …" residents who are found not cleaning up after their dogs, or allowing their dogs to bother other residents will be fined and…"

My dogs don’t jump on people, unless I let them come close to people I believe to be animal or dog friendly.
The other day, one guy attacked my friend and myself with his camera phone. He kept screaming, “leash your dog!” but my friend’s dog was already leashed. Then he noticed my dogs. It was too dark for him to take any pics so he got all aggressive and started freaking out. He put the phone right up to my face and held down the button. I swear it was all I could do to keep from pulling him home to his family by his ears.
He couldn’t have been more than 20.
Then he walked right by our Taiwanese neighbors who were also walking their dogs without a leash. I should also mention that it was well after midnight.

Yeah, banks in Taiwan these days are screaming, “Please, let us give you money”.

Are your neighbors upset enough to help with the bitching and the moaning and the egg throwing? Eggs rock.

Lord I hope not. I hate when that happens. :wink:

[quote=“Nam”]
The other day, one guy attacked my friend and myself with his camera phone. He kept screaming, “leash your dog!” but my friend’s dog was already leashed. Then he noticed my dogs. It was too dark for him to take any pics so he got all aggressive and started freaking out. He put the phone right up to my face and held down the button. I swear it was all I could do to keep from pulling him home to his family by his ears.
He couldn’t have been more than 20.
Then he walked right by our Taiwanese neighbors who were also walking their dogs without a leash. I should also mention that it was well after midnight. [/quote]

I think a cell phone can actually fit in the alimentary canal’s ending. But please remember that I am not speaking from experience.

That or you could ask him, “Well I could, but what about your wife?”

The key is to be able to play their game without losing your dignity or your investment.

I suggest that you contact Maoman for advice.

Thanks Richard - like I don’t have enough on my plate. :wink: Seriously, though, it looks like something is probably going to have to be done - the management committee has only got one oar in the water, it seems. I think pet owners at Lotus need to have a talk with them. There’s certainly enough of us. I don’t want to make it a foreigner vs. Taiwanese thing as I don’t think it would ultimately benefit us, and in fact, would probably hurt us. Nam, I’ll call you on Wednesday. (Tuesday is one of my busiest days, and I doubt I’ll have any time to talk to you…)

Looking forward to it.
I’m free daily after noon.

Also, I ran into a girl I know who works in the office, and she mentioned that they’re out to get me into some hot water as I’ve caused a lot of trouble for them with the water and the parking space.

I’ve brought it up in front of other residents and they seem to have lost some face over it.
My "building representative seems to be on their side on everything as well.

Does anyone know what steps I can do take before actually starting legal proceedings over the water issue?

  1. What documents should I ask for from the management office?
  2. Who do I write/talk to and who would be responsible to deal with the problem?
  3. What should I be taking note of and who should I bring it up with?

If there’s anyone from the legal field that could perhaps suggest what to do before I actually look for a lawyer to take some sort of legal action?
Is there even a case?

BTW, thanks for advice Maoman. Like you said it’s no resolution to the dog paranoia, but I’ll remember to report anyone who bothers me about it excessively

Also, the parking issue has been solved in the sense that I told them that we never signed anything that told us how to use our property and that they would have to deal with many others doing the same thing if there were ever to be any further legal debate. My friend’s girlfriend works for the city courts and says that as long as the use of our property doesn’t harm/offend anyone, cause possible safety hazard or in any way cause property value to drop, we could do as we wished.

2 outta three ain’t bad, but I’d still love to be able to take a good shower in my own home, not to mention hepling out the little senior couple and families next door.

On the rules: My understanding is that the Management Committee at a place like Lotus Hills gets its authority from 公寓大廈管理條例. The law gives the Management Committee the rights to set rules and such. The Management Committee must give public notice of the rules to the residents in some form. What I have been told is that when you purchase property there is no obligation by the vendor to give you the rules - the presumption is that you know the property will be subject to such rules and it is your obligation to obtain the same prior to purchase.

The whole point of planned community living is that you surrender certain rights to the community in exchange for the other benefits you receive from living in that community.

“I AM NOT A NUMBER! I AM A FREE MAN!”

Just watch out for the giant white beachball. :wink:

[quote=“sandman”]
“I am NOT A NUMBER! I am A FREE MAN!”

Just watch out for the giant white beachball. :wink:[/quote]

The beachball never bothered me but the fashion designer scared the crap out of me!

“I’ll give you a nickel if you tickle my pickle.”…W.J. Clinton

Fixed rate?

This must be an adjustable rate–the government deal for first-time home buyers (which is usually for the first NT$ 2,500,000) . I think it is up to 2.72% now, which is still pretty darned good.

So, you didn’t make any down payment on the apartment? And now you are paying the interest first on the entire loan?

May I ask how you plan to grow your money in the next few years? Stocks? Mutual funds? Your own business? Just curious. I know that you won’t be putting it in the bank, what with the whopping 1.8% or so offered at most places.

Best of luck with settling all these issues. I do remember a thread from way, way back when Loretta, I believe, was trying to park her motorcycle in the parking space that the organization she :wink: was working for provided. For some reason, this seemed to get the security guards and the office staff in a tizzy. Something along the lines of only cars can park in parking spaces. So, perhaps there is some of this mentality at work. I don’t know how it was resolved, but it might be worth digging up to have a look.

Getting OT but…

[/quote]

It’s common to have interest only re-payments for the first three years or a set period, we are doing the same. For example we used to pay NT$20K rent, now pay NT$7K to buy!

Again no wizardry there… for example being from the UK I can stick the money in a building society back home and earn 4.75% means you can net a couple of percent on your money…

[quote=“fee”]Fixed rate?

This must be an adjustable rate–the government deal for first-time home buyers (which is usually for the first NT$ 2,500,000) . I think it is up to 2.72% now, which is still pretty darned good.
So, you didn’t make any down payment on the apartment? And now you are paying the interest first on the entire loan?[/quote]

That’s right, I believe it was a government subsidized rate we got.
The actual rate was a bit higher of course, but works out to 2.2 after the bottom line. We also chose to pay the interest first as like Connel mentioned, it’s easier to pay a lesser amount than a higher one for whatever period, if there’s no further interest or charge involved.

May I ask how you plan to grow your money in the next few years? Stocks? Mutual funds? Your own business? Just curious. I know that you won’t be putting it in the bank, what with the whopping 1.8% or so offered at most places.[/quote]

We dumped a bunch of money into all of the service fees we ended up paying along with some other costs and expences and are pretty low on cash for the time being. Chan’s mom had a pretty major accident(head on with a 4x4) and that took a little chunk out as well. I was reffering to first saving up again and sending the money back to Canada.

We’ve got RRSPs abound and something called a GIC(Guaranteed Investment Certificates) . The latter gives a return of about 3%(last I checked with ING Direct). It’s not huge, but it’s pretty secure.

damafen, do you know if there is any way to contest such regulation?
Surely it doesn’t give them universal power over all…?

On a side note, they charge us 50/ping for services rendered, but I have yet to see any services rendered…

[quote=“Nam”]

On a side note, they charge us 50/ping for services rendered, but I have yet to see any services rendered…[/quote]

The services you get for the 50/ping are quite good compared to other buildings in Tpe. In Lotus Hill you get an army of security personnel and front gate people. Clean underground and nicely landscaped garden area with workers there taking care of things every day. Very nice compared to the almost nothing you get at most places in Taipei.

Your 50/ping pays for this. You didn’t think the workers were there for free did you? :astonished:

[quote=“panda”]The services you get for the 50/ping are quite good compared to other buildings in Tpe. In Lotus Hill you get an army of security personnel and front gate people. Clean underground and nicely landscaped garden area with workers there taking care of things every day. Very nice compared to the almost nothing you get at most places in Taipei.

Your 50/ping pays for this. You didn’t think the workers were there for free did you? :astonished:[/quote]
Although you make a good point panda, I’d still rather be able to take a shower.
Even tthough I see a true need for everyone to put food on their table, I can’t say that I see the need for such heavy security as first off, this aint Compton.
It’s Xi-Zhi. We’re in Taiwan, not Beirut. :laughing:
It goes without saying that no place is without crime, but this place makes the streets of Toronto, seem like Hell’s Kitchen.

Also, if you could dama, would it be possible to find out which train of law this falls under?
for example, is it Civil, real estate, business?
It would be great to have an idea of which direction to be looking in.

Thanks either way

Nam,

Let me speak with my colleagues next week and get more info. I have not been able to find an English translation and my Chinese is iffy at best. When I discussed this with them last week they said the easiest way to change a rule was to get involved with the management committee - ie., appointed/elected as a rep or such.

You can find the law in Chinese at:

w3.cpami.gov.tw/law/law/lawe-40.htm