14 May 2007
Dear Fellow Subsidiary Proprietors
We, the undersigned, owner-occupiers in Dairy Farm Estate (DFE), are not in favour of the en bloc sale proposed by Mr CS Lim and his Pro Tem Committee (PTC).
2. Our estate is quite a unique and peaceful one and if, like us, you like your apartments and are happy living here, it would be prudent to carefully consider all the negative implications of an en bloc sale, and decide to reject it by not putting your signature to the Collective Sale Agreement (CSA) proposed by the PTC.
Pro-Tem Sales Committee
3. This seven-member PTC appears to have appointed itself (hence the term pro tem) and, on its own, made vital key decisions such as fixing of the Reserve Price, apportionment of the sales proceeds, appointment of the property agent and lawyers, and the quantum of fees and commissions payable. We question the PTC’s authority to act without first consulting all the subsidiary proprietors (SPs) of DFE on such matters. Furthermore, we question the composition of the committee. Of the seven named, four appear to be non- resident and one is not even listed as a SP in Schedule 1 of the CSA.
4. For these reasons, we are not confident that the best decisions will be made for us in matters that affect our most valuable asset. As selling owners, it is our prerogative and right to set the asking price and tender conditions after considering the costs as well as the difficulties in finding a suitable replacement property to live in. We feel that the CSA is heavily skewed in favour of the PTC and developers. For instance, the CSA gives the PTC total indemnity which means that if we are dissatisfied with the sale process, they cannot be sued for redress. The CSA also gives some rights to the PTC under certain conditions to sell DFE below the Reserve Price (see clause 9.5 of the CSA).
Getting less money than stated
5. Besides the many positive aspects that DFE has to offer, please consider the sums carefully. The property agent initially gave a six-digit Reserve Price of $570,000,000, since raised to $650,000,000. This translates to between $350,000 (for the shophouse units) to $1,800,000 for each owner. This may seem a magnificent sum, but do not forget that we will have to deduct 1.5% from this figure for legal fees as well as a commission to the sales agent and other expenses (refer to Appendix for some figures). After such deductions, we will be receiving much less than the amounts stated.
6. Remember also that the sales process can take as long as two years to conclude and that we will not receive all our money until the Date of Vacant Possession. In the meantime, we will have to fork out upfront substantial money of our own or take out a hefty loan to buy a replacement home, and in doing so, incur agents’ fees, stamp duty, removal and renovation costs and, in all likelihood, higher conservancy charges in new condos. After all these payments and the rising price paid for a new home, the end result is that we may have very little, if any, left from the money received from selling our DFE apartment. We should therefore not be taken in by the six-digit payout figures.
Downgrading and downsizing
7. Unless we already own another apartment elsewhere to which we can move, almost all owner-occupiers who sell will have to compromise significantly in terms of cost, size and location of a replacement unit they can buy with the reduced amount of money they will receive eventually. In fact, we will be worse off, notwithstanding our “windfall” from the en bloc sale. First of all, for an equivalent sized unit — assuming that we can even find one since they no longer build apartments as spacious as those in DFE — we would have to pay substantially more, given rising property prices. For the money we get, we would in all likelihood have to look for a smaller property further away from town and in a less attractive location, or be forced to downgrade to an HDB apartment. The media is now reporting more frequently of people regretting having rushed into an en bloc sale because of the difficulty in getting a suitable replacement, and of the acrimony, unpleasantness and legal disputes that have arisen to bedevil quite a few such sales.
8. For those of us looking for a new home where we can plant our roots, we will be hard put to look for a property which is not considering en bloc now or in the near future. Unfortunately, the en bloc fever has so strongly swept through the island that there is no long-term security anymore in buying a home. The en bloc list of developments sold, tendering, ongoing or failed is staggering – about 150 in all!
DFE is worth preserving
9. It is true that DFE is an old estate (23-24 years) but it is also true, to our knowledge, that there is also no other private estate as unique as DFE. Consider this:
– We have a plot ratio of 1:4, a spaciousness that is a rarity in land-scarce Singapore. Most newer condos are densely packed with smaller units where you can practically shake hands with your neighbour across in the next block.
– Location-wise, we have easy access to taxis, buses and the expressways. And when the proposed MRT line is built here by 2015, DFE’s market value will be further enhanced. We also have easy access to schools, supermarkets, shops, banks, restaurants and clinics. Moreover, DFE is situated in a part of Singapore the URA is projecting as a prime residential area.
– We are also optimally set away from the main road so that exposure to street noise and traffic dust is minimal. At DFE, children can play in relative safety, old folk walk about without having to dodge traffic, and joggers work out in a garden setting.
– We have a resort-like ambience. DFE is a sanctuary set in beautiful greenery with tropical and mature landscaping.
– Most importantly, the structural integrity of the buildings in DFE is not in question in the least.
10. We must say we are not against en bloc sales per se. For some very old, poorly maintained or decaying estates, it may make sense to tear down and rebuild. But DFE is well-maintained and is in quite pristine condition, so it would be a crying shame for it to go under the wrecker’s ball. Instead, we should upgrade our estate and so increase its market value. Upgrading is in fact already ongoing as our Sinking Fund, which is financially sound, has been used to improve our lifts, the swimming pool and the landscape. In fact, given the rate at which good, fine estates are vanishing under the en bloc hammer to be replaced by smaller apartments in a cramped estate, DFE, if preserved and upgraded well, will most certainly be in great demand by people, some of whom may have lost their spacious homes to the en bloc mania elsewhere. The demand for units in DFE, as one of the last bastions of its generation, would surely contribute to its increased value.
Home-owners Vs Home-investors
11. This en bloc fever is disturbing to those of us who are resident home-owners. We have lived many years in DFE and seen it flourish over the decades into a community. Our units are more than a financial investment; we have a social stake here as well, having formed close relationships with friends whom we see spending time together with in DFE in our twilight years. Money cannot buy this. For those of us with elderly folk or retired parents who hope to live out their remaining years in their present homes in DFE, any prospective relocation is physically and mentally distressing.
12. We should therefore not allow our homes to be taken away from us by people who may not care beyond the dollar value and who want to go en bloc only because they want to make a little more than if they had sold individually in the property market. As it is, the extra premium is relatively small. With the bullish property market, prices will surely rise. Therefore, those who want to can always sell their units individually without forcing others who do not wish to sell to take part in a collective sale.
Notion of freehold
13. DFE is a freehold property which legally means you can hold it for life. This is why we choose to buy freehold so that it gives you home ownership in perpetuity. If we allow this en bloc sale to go through, we ridicule the notion of freehold.
Schedule for moving out
14. If the en bloc sale of DFE goes through, we will have only three to six short months from the Completion Date of the sale to the Date of Vacant Possession to find a new home and move out. Legally, from the Completion Date, the estate belongs to the developer. This means they are then within their rights to enter the estate to begin drilling and working the grounds, to keep only a minimal cleaning and security crew, and to ignore even necessary and urgent repairs. Since the Management Committee would by then have been dissolved, there will be no one to deal with any problems that may arise.
Stressful interim period
15. From the signing of the CSA to its proposed lapse on 19 May 2008 (or earlier if the 80% majority is reached), our life will, so to speak, be on hold as we wait for the outcome of the sale. We will not be allowed to tenant our apartment except under certain strict conditions set by the CSA, and those now thinking of doing so can find themselves in a quandary; also those in the process of making renovations. We will all suffer emotional stress and anxiety, the sum of which is not quantifiable but will certainly be harmful to our health.
Say No to enbloc
16. For all of the above reasons, we urge you to consider with care and not to sign the CSA. If you do want to sign, it is of course your right. But please remember that the CSA is a legally binding document and irrevocable (remember Horizon Towers!). Sign it and you will be legally empowering the PTC to go ahead with en bloc based on terms unilaterally laid out by it in the CSA, and the sale can then proceed and be concluded without any further consultation with you or the other SPs.
17. But you are also NOT obliged to sign the CSA if you don’t wish to for any reason. This too is your right and no one can force you to sign.
18. If you do not fully understand the details of the CSA or have concerns and reservations, DO NOT SIGN IT or give away your proxy. Signing without understanding the contents may bring about regrets later, especially if any of your concerns or reservations are not met, and you realize later that you are not getting the best deal.
19. If you are against en bloc, we urge you not to attend the 19 May meeting and thus send a strong message to the PTC. You can also email us at savedairyfarm@gmail.com to let us know if you also feel strongly against the en bloc proposal. Alternatively, you can fill in the attached feedback form and drop it in any of the mailboxes in the blocks listed below.
20. Thank you for taking the time to read this.
Yours sincerely
DFAG
SUPPORTING OWNER NAMES ONLY in this section.