THERE is still no end in sight to the almost 10-year battle over a carpark between the Sea Park Apartment residents and the landowner of the carpark lot in Jalan 21/13, Petaling Jaya.
The apartments that were built in the early 1980s did not come with a carpark and residents had to pay a parking fee to use it.
This was because the land surrounding the six blocks of apartments was privately owned and sold by the developer in 2008.
From then on, the situation became complicated for the new landowner, Yap Say Tee, as residents refused to cooperate and claimed the land as theirs.
It was reported in 2013 that residents were up in arms with the landowner when he brought in an excavator to dig up the road.
The residents tried to stop the work from being carried out despite a court order obtained by Say Tee’s lawyers.
The matter was then brought to court shortly after the incident and in May, Say Tee won the case.
Say Tee’s daughter Cecilia Yap said the residents refused to pay the parking fee and had been using the land for free since 2008.
“We offered to discuss with them, either to rent or buy a parking bay, but there has been no response,” said Cecilia.
She added that the current situation was not much different than before as residents still refused to respond to the landowner even after they won the case in court.
Cecilia and her lawyers have been actively trying to hold a dialogue with the residents to explain the matter to them and discuss rental fees, but have not heard from them.
She wondered if the residents understood the situation as they had not been giving any feedback.
“It is stated in their sales and purchase agreement signed over 30 years ago that their apartment units do not come with parking bays and the land where their cars are parked now belongs to us,” Cecilia said, adding that they had been paying the necessary taxes and other fees to maintain the land.
The four lots of land can accommodate up to 500 parking bays, enough to cater to the 264 units there.
Meanwhile, Say Tee’s lawyer Lim Kian Huat said Say Tee now has the right to get back vacant possession of the four lots, which means anything found on those lots would have to be removed immediately.
“Even now there are still abandoned cars there and residents are still parking on those lots, which by law, they are not allowed to use anymore,” he said.
Lim added that based on the court ruling, residents also had to pay parking fees owed to the landowner dating from 2008.
“If you take an average of perhaps RM100 per month and multiply that amount with 264 units for a year, and then multiply the number of years since 2008, the figure will amount to millions of ringgit,” he said.
They are now urging the residents to meet with them so that they can be briefed on the situation and come up with a solution to resolve the matter. However, if residents still refuse to respond, they will have no choice but to seize the land.
“We are hoping it will not come to that as we are unsure if the residents are aware of this land matter,” added Lim.
When StarMetro contacted the residents, a number of them said they had already sold their units and would be moving out soon.