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> Enquiry about Strata Title, Strata Title Act (updated Act 1450)

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TSSowYau
post Nov 27 2010, 12:59 PM, updated 7y ago

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Hi everyone, the forumers at LYN helps me a lot all these years, be it advice to look for a good skincare doctor in KL or selling some stuff I no longer want, or buying things from fellow forumers..... also there are lots and lots of knowledge i learn here as well as get to know friends.

Therefore i am thinking of contribute to LYN forum, even in tiny ways, the reason iopen this topic, is to help anyone who has any enquiry about strata titles. I am not an expert, but in a way i hope i can help to give some advise.

This post has been edited by SowYau: Apr 15 2017, 10:45 AM
tengster
post Nov 27 2010, 01:29 PM

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a few questions

1. Why strata title took so long?
2. Whose fault?
3. How much to pay MoT/strata title fee?
4. Can we sell before getting strata title?
5. What if developer went bankrupt after VP? Who continue to apply for strata title?
TSSowYau
post Nov 27 2010, 03:21 PM

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QUOTE(tengster @ Nov 27 2010, 01:29 PM)
a few questions

1. Why strata title took so long?
2. Whose fault?
The process to apply and getting the strata titles itself is a tedious one, it involved the many parties, the land owner/developer, the authorities such as land office and survey department. For property in KL, generally it will takes about 2, 3 years to get the strata titles from the land office. In selangor, it takes longer time. Those scheme with higher number of units obviously takes longer period to process and register it.

The perception from most ppl is, the authority is at fault for causing the delay.  We as puchaser when demand an answer from developer, they sometime play "tai-chi" by pushing the reason of delay to the authority.  But the truth is not what it appear to be. There are a lot of requirement to be fulfilled before the application can be processed by the authority. example, buildings do not have CF/CCC, building encroached outside the lot boundary etc etc. all these need to be solved first before strata application can be proceeded.


3. How much to pay MoT/strata title fee?
  sorry, i dont know about the execution of MOT  tongue.gif


4. Can we sell before getting strata title?
yes, that's what we call a sub-sale. u have to get a written consent from the developer before u sell. Those days u even have to pay some fee.


5. What if developer went bankrupt after VP? Who continue to apply for strata title?
the appointed liquidator will take over and responsible to apply the strata title, it will be a long road, but no worry, i have seen cases where the developer winds up and yet still get title issued.

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loyyltess
post Nov 29 2010, 01:16 PM

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QUOTE(SowYau @ Nov 27 2010, 03:21 PM)

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Hi Sow Yau, can I sell my unit in an apartment if the management maintenance has not paid up the quit rent for 2010 and left? My strata title has not been transferred yet. rclxub.gif

TSSowYau
post Nov 30 2010, 10:26 AM

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QUOTE(loyyltess @ Nov 29 2010, 01:16 PM)
Hi Sow Yau, can I sell my unit in an apartment  if the management maintenance has not paid up the quit rent for 2010 and left? My strata title has not been transferred yet. rclxub.gif
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It's a headache yet it happens all the time. What do u mean by "left"? Who is keeping the maintenance fund now?

Land Office used to require current quit rent bill to be paid up before any strata title transfer. Now there is a leniency to it. The Land Office will accept partial payment from the building management.


Added on June 1, 2011, 11:48 pmBUMP


Added on June 1, 2011, 11:50 pmBRING UP MY POST

This post has been edited by SowYau: Jun 1 2011, 11:50 PM
TSSowYau
post Jun 1 2011, 11:51 PM

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BRING UP MY POST
1ullaby
post Jun 2 2011, 12:00 AM

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Hi Sowyau, I hv a ques,
if the first owner didn't collect his title (strata title issued) and now I'm buying over from him, what happens if the developer does not approve of a direct transfer to my name. Who will bear the cost of the first transfer to the first owners name?

And if the developer does approve a direct transfer, will the MOT be paid once or twice?

babyekc
post Jun 2 2011, 01:48 AM

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Hi SowYau,

I bought a leasehold unit with Strata Title issued, but the owner has yet to do the transferring of the Strata Title into her name when I buy. As of now, the status is 'presentation from Developer is done' and it's pending from the Land Office. I do not know what is this pending is all about, do you know what are all the stages involved, eg, from Developer to Land Office and then State Authority Consent, etc? It looks like it's gonna take a lot more times than what the property agent told me before I bought the unit, and it's giving me more headache as days goes by.


Regards.
TSSowYau
post Jun 2 2011, 11:01 AM

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QUOTE(1ullaby @ Jun 2 2011, 12:00 AM)
Hi Sowyau, I hv a ques,
if the first owner didn't collect his title (strata title issued) and now I'm buying over from him, what happens if the developer does not approve of a direct transfer to my name. Who will bear the cost of the first transfer to the first owners name?

And if the developer does approve a direct transfer, will the MOT be paid once or twice?
*
Hi, 1st u need to find out whether the strata title is under the 1st purchaser's name or still under the developer/land owner's name.

If it is 1st purchaser's name, then he/she should bear the cost of 1st MOT.

If it is 1st purchaser's name, i dont think it's called direct transfer anymore, likely have to pay twice for 2 MOT.

If it is still under the developer's name, it can be direct transfer to your name, with the consent of the developer, i know this because I have a strata title property with similar situation. from developer direct to my name.

Other forumer can help to advice? Cos the issue of MOT is a bit out of my range wink.gif


QUOTE(babyekc @ Jun 2 2011, 01:48 AM)
Hi SowYau,

I bought a leasehold unit with Strata Title issued, but the owner has yet to do the transferring of the Strata Title into her name when I buy. As of now, the status is 'presentation from Developer is done' and it's pending from the Land Office. I do not know what is this pending is all about, do you know what are all the stages involved, eg, from Developer to Land Office and then State Authority Consent, etc? It looks like it's gonna take a lot more times than what the property agent told me before I bought the unit, and it's giving me more headache as days goes by.
Regards.
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Hi, which State is your property located? Due to your leasehold title, State Authority Consent is a must, it took months (range can be 2 months to a year!), takes property agent's words with pinch of salt. How long is your MOT process already? I think your situation is similar to the forumer above, pending MOT to the 1st purchaser. Maybe u can ask the developer to direct transfer to your name?

If not, follow up with them closely, demand a timeframe from them. If you really wants to get it done, get the Presentation no. from them, you can proceed to the land office and follow up by yourself.
1ullaby
post Jun 2 2011, 11:19 AM

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QUOTE(SowYau @ Jun 2 2011, 11:01 AM)
Hi, 1st u need to find out whether the strata title is under the 1st purchaser's name or still under the developer/land owner's name.

If it is 1st purchaser's name, then he/she should bear the cost of 1st MOT.

If it is 1st purchaser's name, i dont think it's called direct transfer anymore, likely have to pay twice for 2 MOT.

If it is still under the developer's name, it can be direct transfer to your name, with the consent of the developer, i know this because I have a strata title property with similar situation. from developer direct to my name.

Other forumer can help to advice? Cos the issue of MOT is a bit out of my range  wink.gif
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its not under first owner's name else i can do a transfer to my name and coz anyway im bearing the mot wink.gif
thanks sowyau i'll try to get an answer from the lawyer .. cheers



babyekc
post Jun 2 2011, 06:13 PM

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QUOTE
Hi, which State is your property located? Due to your leasehold title, State Authority Consent is a must, it took months (range can be 2 months to a year!), takes property agent's words with pinch of salt. How long is your MOT process already? I think your situation is similar to the forumer above, pending MOT to the 1st purchaser. Maybe u can ask the developer to direct transfer to your name?

If not, follow up with them closely, demand a timeframe from them. If you really wants to get it done, get the Presentation no. from them, you can proceed to the land office and follow up by yourself.


Hi,

Property I bought is at Selangor state. As the Property Agent told me, the Owner started the MOT process like back at April 2010. Direct transfer is not an option because the Developer not willing to do it. I just got the Presentation Number from my lawyer, and I'll go and chase the Land Office myself. Based on this link http://www.estate123.com/residence/reviews...il.aspx?a_id=B9, at the Transfer of Strata Title paragraph, at which stage currently my process is, number 5?


Regards.
it.fusion
post Jul 28 2011, 06:50 PM

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i am looking for a condo purchase, i am interested on it... till the owner said strata title still with developer... and they haven't release it even after lot enquiries...

i wonder if this is case since the condo are aged more than 10 years after built...

now question is..
1) can i buy the condo without the title transfered to me ?
2) any further documents / agreements if i am allowed to ?
3) any negative impact for me as a buyer ?

hope to get the answers soonest..... tx
TSSowYau
post Jul 29 2011, 10:31 AM

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QUOTE(it.fusion @ Jul 28 2011, 06:50 PM)
i am looking for a condo purchase, i am interested on it... till the owner said strata title still with developer... and they haven't release it even after lot enquiries...

i wonder if this is case since the condo are aged more than 10 years after built...

now question is..
1) can i buy the condo without the title transfered to me ?
2) any further documents / agreements if i am allowed to ?
3) any negative impact for me as a buyer ?

hope to get the answers soonest.....  tx
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Refer to the bolded part. If that is true, then i believe the developer has to do MOT within a year from the date of obtaining strata titles or they will risk themself being fined.

my reply to your question:
1) if got strata title already, then sure need to transfer ownership on the strata titles, no more subsale.
2) Refer to (1)
3) if no strata title yet, then can use the S&P to transact.

P/S: property especially condo, if no strata titles after 10 years, must be something wrong. pls check whether the land proprietor undergo liquidation or not.
beandk
post Jul 29 2011, 12:55 PM

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What you are doing here is great. Keep up the good work!
babyekc
post Jul 29 2011, 06:50 PM

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hi all,

i just checked my strata title status in strata.selangor.gov.my, it says:

Status Pendaftaran Hakmilik Adalah Seperti Berikut :
Kemasukan

what does this mean?


regards
kurtkob78
post Jul 29 2011, 08:23 PM

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why do you need strata title ?
what is the benefit of strata title ?
and what is individual title ? same question as avove for individual title.

Yes very noob questions
mystiquewawa
post Jul 29 2011, 08:33 PM

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Hi there...Sow You..

I'm selling my condo in KGSAAS..there is a cash buyer..but the problem is about the strata title..i think the strata title has came out last year but i havent applied for it..
Do i have to apply or just ask the developer to do direct transfer?
How long the process normally takes?
What option i have if the buyer want to move in 3 month time..but the process of getting the title will take longer period ( as i was told by the lawyer)
And another problem..I heard that the developer is in the process of Winding Up..Will this affect the process??
I hope you'll have some idea..TQ

TSSowYau
post Aug 1 2011, 12:49 PM

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QUOTE(babyekc @ Jul 29 2011, 06:50 PM)
hi all,

i just checked my strata title status in strata.selangor.gov.my, it says:

Status Pendaftaran Hakmilik Adalah Seperti Berikut :
Kemasukan

what does this mean?
regards
*
I dont know what does it mean. Have u go to PTG/Land Office to ask for the status?

QUOTE(kurtkob78 @ Jul 29 2011, 08:23 PM)
why do you need strata title ?
what is the benefit of strata title ?
and what is individual title ? same question as avove for individual title.

Yes very noob questions
*
why do you need strata title ?
what is the benefit of strata title ?

If the property got strata title, owner of the stratified unit is secured. the owner's name is indisputable. The strata title can be transacted from one owner to another owner without the need to get the consent from the original land owner/developer. Also, stratified property can be managed properly through better channel. If no strata title, the only legal binded documents are S&P, I dont know how secure is this, perhaps some forumer familiar with legal expertise can explain more.

and what is individual title ? same question as avove for individual title.

I take the invidual title as individual land title as in normal terrace house/semi-D etc. The answer is more or less same as above.

By the way, it is not noob questions.

QUOTE(mystiquewawa @ Jul 29 2011, 08:33 PM)
Hi there...Sow You..

I'm selling my condo in KGSAAS..there is a cash buyer..but the problem is about the strata title..i think the strata title has came out last year but i havent applied for it..
Do i have to apply or just ask the developer to do direct transfer?
How long the process normally takes?
What option i have if the buyer want to move  in 3 month time..but the process of getting the title will take longer period ( as i was told by the lawyer)
And another problem..I heard that the developer is in the process of Winding Up..Will this affect the process??
I hope you'll have some idea..TQ
*
Strata titles have been issued and now with the developer, am i right? The developer has the obligation to do MOT to the first purchaser's name. Try ask the developer whether can direct transfer to the cash buyer or not.

Wind up issue, try to find out who is the liquidator, contact them ask them to speed up your thing. The transfer is going to take more than 3 months. It depends on whether the master title is free hold or lease hold also.


cutealex
post Aug 1 2011, 12:54 PM

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Hi SowYau,

are you able to advice on the Consent piece?
TSSowYau
post Aug 1 2011, 12:56 PM

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QUOTE(cutealex @ Aug 1 2011, 12:54 PM)
Hi SowYau,

are you able to advice on the Consent piece?
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I am more familiar on Strata Title issue such as purchaser's right as a strata owner, JMB, MC etc

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