Should start from SPS/ JMB first, once ok then probably MPKJ depends on the reno whether requires local authority approval. Should this be the case TKJ?

It's MPKJ vs DMC with SPS = legally dun have a clear cut answer to this

Need to do some case law study then only will know what's the precedent like

I think should follow MPKJ
If the sub sale buyer dun sign the DMC?

Legally speaking, 1st step = MPKJ, 2nd step = SPS but what if MPKJ consented but SPS rejected? Then have to go court lo ... so lawyer ada kerja buat

Before issuance of the individual title, the sub-sale purchaser is compelled by the developer to sign the DMC but upon issuance of the individual title, then the developer will not have such compelling power anymore. Hence, the sub-sale purchaser is actually at his own discretion to reno his property as long as consent is obtained from MPKJ

very true, grey area if DMC not signed.
But I did asked SA before. He/She (Don't even rmb the person lol) said need submit to SPS for approval, then they will submit to MPKJ to obtain approval on behalf.

That was 2 years ago, not sure if things change.

Definitely a question to ask during the briefing.

If the project fully completed ? SPS Oredy hand over all the houses. Still need to submit to SPS for approval?

That's what i said grey area.
Cause it is something I didn't thought about that time and didn't ask them.
Will need to raise this up.

IC. If I go there one day. I will try to ask oso.
By the way, I still think should be follow MPKJ coz DMC should not over right government regulation. Tak logic
But if government law over right DMC. sound more logic

Tak kira the project completed or not, the principal purchaser is bound by the DMC. Problem is sub-sale purchaser without DMC

True, DMC shall not overrule a local government's regulations but SPS (if they wanna wan yeh) can initiate a legal action on the purchaser for breach of covenants in the DMC

is there a way where subsales can be prevented if DMC not signed?
There's quite a number of G&G with individual titles, I am sure there is a way they manage this.

Plus SPS experience from managing Eco Park should be handy.

1) Yes before issuance of individual title but no upon issuance of individual title

2) Have to ask ppl in SEP jor, really no idea

just write all the ambiguity down and bring to the briefing.
Bring along popcorns

Garrett Mix pls! TQ Robert zai!

At the end, lawyer make money
Can the purchaser claim the agreement is unfair since tis DMC oredy overrule government regulation?
TKJ, for our knowledge only


This post has been edited by Rabel: Jun 11 2015, 03:51 PM

TKJ, what about a stratified G&G community which is governed under Schedule H - the DMC which is signed btw developer and original purchaser can bind the subsequent subsale purchasers or not?

Also, what about upon the time the JMC has already been formed and the developer no longer in the picture, the original DMC has any impact to the subsale purchasers?

Regardless the DMC restriction, many houses in SEP have done exterior renovation. Some with major one.

SEP DMC got mention can not do exterior renovation?

Okay, only my assumption. I don't own one in SEP