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 Strata act 757

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ims2628
post Jun 15 2015, 06:31 PM

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QUOTE(ed1torz @ Jun 15 2015, 05:00 PM)
I assume this doesn't concern landed property and how this affect recently launch high rise property?
*
Not really, nowadays landed property also in strata title, for example symphony hills cyberjaya, link house under UEM
ed1torz
post Jun 15 2015, 06:51 PM

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Anyway did some digging, you may approach ngo for any strata issue

http://www.hba.org.my/



This post has been edited by ed1torz: Jun 15 2015, 07:29 PM
Jasoncat
post Jun 15 2015, 07:08 PM

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QUOTE(cherroy @ Jun 15 2015, 05:12 PM)
Yup, you are right.
Should refer as Act 757.
*
Err.. suggest that the thread title to be amended and the very 1st post also amended accordingly - just to tidy up and to be more precise.
Jasoncat
post Jun 15 2015, 07:10 PM

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QUOTE(ed1torz @ Jun 15 2015, 05:00 PM)
I assume this doesn't concern landed property and how this affect recently launch high rise property?
*
It governs stratified development be it high rise or landed.
TScherroy
post Jun 15 2015, 08:54 PM

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QUOTE(ims2628 @ Jun 15 2015, 06:31 PM)
Not really, nowadays landed property also in strata title, for example symphony hills cyberjaya, link house under UEM
*
Yup, most newer G&G landed are strata title one.
adamw
post Jun 15 2015, 11:13 PM

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So if my condo's developer has closed shop, all the owners will have to appoint a land surveyor to work with the Liquidator to apply for the strata title? Just went to a meeting yesterday and they say must collect rm260k first in order to proceed!
TScherroy
post Jun 16 2015, 10:36 AM

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QUOTE(adamw @ Jun 15 2015, 11:13 PM)
So if my condo's developer has closed shop, all the owners will have to appoint a land surveyor to work with the Liquidator to apply for the strata title? Just went to a meeting yesterday and they say must collect rm260k first in order to proceed!
*
It is very complicated matter.

The issue is to get the land title and subdivided into strata title.

The land title is in the name of developer name, so developer is the one can sign off the division of the title.
While if developer already closed shop, then nobody can sign off the division.

That's why it is important to get the strata title once it is out.
I had seen many owner want to save stamp duty and lawyer fee, which they had no urgency to appoint lawyer to do the strata title, which is beyond my understanding.
By doing so, one is risking one day developer company being dissolved, that owner may be caught in no mans' land, as you cannot complete the sale of the property without the title.

Not to mention without strata title, you have no voting right in Management Corporation which determine the course of building management.

Another scenario identical to such issue, is you buy a property joint name with a friend, girl/boy friend or even husband/wife, now the other party MIA, died or whatever, you cannot sell the property without the other party signature, until the other party belonging issue/estate is fully properly distributed
While after estate distribution, you may have lot of complication as the 50% may belonged to several people based on estate law.
aurora97
post Jun 16 2015, 05:16 PM

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Other exciting developments:

Housing Development (Control and Licensing) (Amendment) Regulations 2015 will come into operation on 1 July 2015.

1. New Regulation 8(1A):
Any advertisement made by any licensed housing developer shall not contain:
(a) offer of free legal fees < no more free legal fees sad.gif
(b) projected monetary return gains and rental income
© claim of panoramic view
(d) travelling time from housing projects to popular destinations; or
(e) any particulars to which a housing developer cannot genuinely lay proper claim.

2. changes to SPA
Substitution of Schedules G, H, I and J - still looking at it donno what are the changes yet...



aurora97
post Jun 16 2015, 05:18 PM

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QUOTE(cherroy @ Jun 15 2015, 08:05 AM)
The newer Strata Act 757 is gazetted, which taking act.

Obvious change from the old act.

1. Developer need to sub-divided the property, aka doing the strata title when handle the key time/vacant possession.

2. Management corporation( or most peope knew as JMB, (JMB is for property that before issuing of strata title)), Chairman only can hold term for 2 consecutive years, committee member 3 consecutive years.

3. Setting up Strata Management Tribunal to handle the strata title property issues.
*
Cherroy more interesting stuff to come:-

Might want to expand your listing.

- MC can now establish subsidiaries to manage to cater to facilities used by "limited" amount of people.
- a person may act as proxy for only one proprietor at any one general meeting
- no Chairman, Secretary or Treasurer may hold office for more than 2 consecutive years
- no committee member may hold office for more than 3 consecutive terms

ed1torz
post Jun 16 2015, 05:39 PM

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QUOTE(aurora97 @ Jun 16 2015, 05:16 PM)
Other exciting developments:

Housing Development (Control and Licensing) (Amendment) Regulations 2015 will come into operation on 1 July 2015.

1. New Regulation 8(1A):
Any advertisement made by any licensed housing developer shall not contain:
(a) offer of free legal fees < no more free legal fees sad.gif
(b) projected monetary return gains and rental income
© claim of panoramic view
(d) travelling time from housing projects to popular destinations; or
(e) any particulars to which a housing developer cannot genuinely lay proper claim.

2. changes to SPA
Substitution of Schedules G, H, I and J - still looking at it donno what are the changes yet...
*
this only concern the cosmetic ads but when come to negotiation, dev still allow to practise free legal fees? no..?
aurora97
post Jun 16 2015, 05:44 PM

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QUOTE(ed1torz @ Jun 16 2015, 05:39 PM)
this only concern the cosmetic ads but when come to negotiation, dev still allow to practise free legal fees? no..?
*
Rules are like wood, you can keep hitting you head until bleed also it won't change.

Humans are like water, if got rock, it will just go around it. rolleyes.gif

Anyway, please treat me like wood for now.
enriquelee
post Jun 17 2015, 04:09 PM

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QUOTE(ed1torz @ Jun 15 2015, 05:00 PM)
I assume this doesn't concern landed property and how this affect recently launch high rise property?
*
Why you say so?
aurora97
post Jun 18 2015, 10:19 AM

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QUOTE(ed1torz @ Jun 15 2015, 05:00 PM)
I assume this doesn't concern landed property and how this affect recently launch high rise property?
*
QUOTE(enriquelee @ Jun 17 2015, 04:09 PM)
Why you say so?
*
I assume this doesn't concern landed property and how this affect recently launch high rise property?

Definitely doesn’t concern landed property because of the words “strata”, it concerns stratified property…example condominium. Just check your title if you want to be absolutely certain.

How does it affect recently launch high rise property…?

Good question, if you have participated in a JMB or MC as a management committee, you will know that act 663 and COB are just toothless tigers. This resulted in a lot of disputes ranging from un-recovered outstanding maintenance fees, phantom voters during JMB or MC meetings and also abuse by JMB or MC members who run the management like their own business.

From what I have picking up so far, a lot of issues in relation to internal aspects of the management has been overhauled, also I see there is a tribunal (possibly JMB/MC, owner or both can bring an action against each other), ability to form “Subsidiary” Management Company, how meetings are held and votes are cast etc…

enriquelee
post Jun 18 2015, 01:54 PM

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QUOTE(aurora97 @ Jun 18 2015, 10:19 AM)
I assume this doesn't concern landed property and how this affect recently launch high rise property?

Definitely doesn’t concern landed property because of the words “strata”, it concerns stratified property…example condominium. Just check your title if you want to be absolutely certain.

How does it affect recently launch high rise property…?

Good question, if you have participated in a JMB or MC as a management committee, you will know that act 663 and COB are just toothless tigers. This resulted in a lot of disputes ranging from un-recovered outstanding maintenance fees, phantom voters during JMB or MC meetings and also abuse by JMB or MC members who run the management like their own business.

From what I have picking up so far, a lot of issues in relation to internal aspects of the management has been overhauled, also I see there is a tribunal (possibly JMB/MC, owner or both can bring an action against each other), ability to form “Subsidiary” Management Company, how meetings are held and votes are cast etc…
*
Now a days landed also come with strata
Jasoncat
post Jun 18 2015, 02:27 PM

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QUOTE(enriquelee @ Jun 18 2015, 01:54 PM)
Now a days landed also come with strata
*
Precisely. Stratified development, be it high rise or landed also governed by both Strata Titles (Amendment) Act and Strata Management Act.
TScherroy
post Jun 18 2015, 02:45 PM

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QUOTE(enriquelee @ Jun 18 2015, 01:54 PM)
Now a days landed also come with strata
*
Majority of G&G properties and particularly come with common facilities, like swimming pool etc are stratified property nowadays.

As to take care of common properties, facilities like swimming pool, play ground etc, you need strata management act to govern it, so that every owner contribute to maintenance fund.

enriquelee
post Jun 18 2015, 02:49 PM

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QUOTE(cherroy @ Jun 18 2015, 02:45 PM)
Majority of G&G properties and particularly come with common facilities, like swimming pool etc are stratified property nowadays.

As to take care of common properties, facilities like swimming pool, play ground etc, you need strata management act to govern it, so that every owner contribute to maintenance fund.
*
The contribution of of maintenance fund is via DMC, right?
aurora97
post Jun 18 2015, 02:52 PM

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QUOTE(enriquelee @ Jun 18 2015, 01:54 PM)
Now a days landed also come with strata
*
yup I just checked... two storey or more also can qualify under the strata title act sweat.gif
aurora97
post Jun 18 2015, 03:01 PM

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-deleted-

This post has been edited by aurora97: Jun 18 2015, 05:28 PM
TScherroy
post Jun 18 2015, 03:16 PM

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QUOTE(enriquelee @ Jun 18 2015, 02:49 PM)
The contribution of of maintenance fund is via DMC, right?
*
DMC is needed because last time when property being VP time, the property has no strata title yet, so DMC is the agreement that developer can ensure unit owner to pay the maintenance fee.

Once the strata title is out and Management Corporation is formed, then we have Strata Management act to govern that unit owner must pay their respective maintenance fee.

The need of contribution of maintenance fund is stated clearly in the Strata Management act.

So if future property being delivered with strata title in place, may be DMC is not needed, all follow the Strata Management act straight away. I am not lawyer, correct me if I am wrong.

Edited for typo.

This post has been edited by cherroy: Jun 18 2015, 03:40 PM

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