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 Strata act 757

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lucerne
post Apr 24 2017, 05:05 PM

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QUOTE(aurora97 @ Apr 21 2017, 01:53 PM)
When people advertise, they will say...

Example 2200 sf inclusive private lift lobby, when actually it is not.

It should be 2000 sf excluding private loft lobby. They inflate the  psf price.

Depending on design, the private lift lobby area maybe subject to mgmt approval since its an accessory parcel. U can just design as u like.

I acknowledge accessory parcel pay cheaper maintainance by 1/2 but paying rm 600 psf for 200 sq... doesnt make economical sense n there's not much u can put in the lift lobby area...

U may get the privacy u want... but it can also potentially backfire... so imagine if i want to rob ur house... no one can actually hear u shout for help.
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thanks for highlighting this private lobby. my unit (with 200sf of private lobby) is still in master title and how to ensure the private lobby become accessory parcel? shall i contact the developer architect? any document to prove this?

currently i am paying full maintenance charge for the private lobby (200x 0.50). hope to reduce to half if the private lobby label as accessory parcel when strata title was out.

further to this , can i request to pay to JMB a lower fee (private lobby = half fee) before the strata title was out?

This post has been edited by lucerne: Apr 24 2017, 05:17 PM
aurora97
post Apr 24 2017, 06:15 PM

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QUOTE(lucerne @ Apr 24 2017, 05:05 PM)
thanks for highlighting this private lobby.  my unit (with 200sf of private lobby)  is still in master title and how to ensure the private lobby become accessory parcel? shall i contact the developer architect?  any document to prove this? 

currently i am paying full maintenance charge for the private lobby (200x 0.50). hope to reduce to half if the private lobby label as accessory parcel when strata title was out.

further to this , can i request to pay to JMB a lower fee (private lobby = half fee)  before the strata title was out?
*
Than i guess your the lucky one?

Cause its also dependent on the submission of the development plan. I guess you will be paying full maintenance in that case but do clarify whether it is part of the parcel or accessory because it will impact your maintenance charges.

Also, i think you have an old perception as to how maintenance fees are paid.

Before the strata management act came into force, all accessory parcels under a master title were not subject to maintenance fee charges. This was absorb by the management. Reason being, the accessory parcels were not carved out and specified in a title.

After the strata title is issued, the MC is now flushed with cash because after the master title no longer exist because the parcels are now sub-divided into plots and the plots (and accessories) are reflected in the title, the management is now able to charge maintenance fee accordingly.

With the strata management act, the developer is required to submit the relevant document to land office 3 months after VP. This will enable to land office to stratified the parcels according to the plans (i believe is the development plan). They already know the size both parcel and accessory and the management will charge the maintenance fee accordingly.

*accessory parcel include: car park, air conditioning ledge and possibly private lift lobby.
lucerne
post Apr 24 2017, 06:28 PM

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QUOTE(aurora97 @ Apr 24 2017, 06:15 PM)
Than i guess your the lucky one?

Cause its also dependent on the submission of the development plan. I guess you will be paying full maintenance in that case but do clarify whether it is part of the parcel or accessory because it will impact your maintenance charges.

Also, i think you have an old perception as to how maintenance fees are paid.

Before the strata management act came into force, all accessory parcels under a master title were not subject to maintenance fee charges. This was absorb by the management. Reason being, the accessory parcels were not carved out and specified in a title.

After the strata title is issued, the MC is now flushed with cash because after the master title no longer exist because the parcels are now sub-divided into plots and the plots (and accessories) are reflected in the title, the management is now able to charge maintenance fee accordingly.

With the strata management act, the developer is required to submit the relevant document to land office 3 months after VP. This will enable to land office to stratified the parcels according to the plans (i believe is the development plan). They already know the size both parcel and accessory and the management will charge the maintenance fee accordingly.

*accessory parcel include: car park, air conditioning ledge and possibly private lift lobby.
*
when i bought the unit, developer has included the private lobby area size into my unit . so when payment of maintenance fee, it is generally include the private lobby area into my account.

developer is now in the midst of submitting for strata title (will be under the new act ) since the submission is after June 2015. i just check hte architect plan and found the private lobby is indeed classified as accessory parcel together with car park and a/c ledge all factor as 0.5.

my question is , can i ask for reduction/refund since private lobby is now classified as accessory parcel according to architect plan. i have paid my maintenance since year 2012. mean all the while i have paid extra, JMB should charge base on the actual size of my unit (exclude the private lobby area size =200sf) , until the title is out and i need to pay my portion of private lobby ( at factor of 0.5). as u hv said, under master title , i should not pay for the accessory parcel. can i get a refund? i dont mind to pay my portion after june 2015



aurora97
post Apr 27 2017, 06:14 PM

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QUOTE(lucerne @ Apr 24 2017, 06:28 PM)
when i bought the unit, developer has included the private lobby area size into my unit . so when payment of maintenance fee, it is generally include the private lobby area into my account. 

developer is now in the midst of submitting for strata title (will be under the new act ) since the submission is after June 2015.  i just check hte architect plan and found the private lobby is indeed classified as accessory parcel together with car park and a/c ledge all factor as 0.5.

my question is , can i ask for reduction/refund since private lobby is now classified as accessory parcel according to architect plan.  i have paid my  maintenance since year 2012.  mean all the while i have paid extra, JMB should charge base on the actual size of my unit (exclude the private lobby area size =200sf) , until the title is out and i need to pay my portion of private lobby ( at factor of 0.5).  as u hv said, under master title , i should not pay for the accessory parcel. can i get a refund? i dont mind to pay my portion after june 2015
*
I just realised… based on the facts you have presented.

The SMA 2013 (Act 757) came into effect on 1 June 2015.

Anything before 1 June 2015, I am not quite sure of the treatment pertaining to private lift lobbies or accessory parcels for that matter. As it is governed by Act 663.

My current private lift lobby is charged based on item 5 (no.2) of Schedule 1 SMA 2013 (verified with manager of two condos).

If after June 2015, they are incorrectly charging you for the accessory parcels. I would say you can ask for a refund. Please verify with your management as to the basis and calculation.

p/s: i replied to your PM msg.
lucerne
post Apr 28 2017, 05:35 PM

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QUOTE(aurora97 @ Apr 27 2017, 06:14 PM)
I just realised… based on the facts you have presented.

The SMA 2013 (Act 757) came into effect on 1 June 2015.

Anything before 1 June 2015, I am not quite sure of the treatment pertaining to private lift lobbies or accessory parcels for that matter. As it is governed by Act 663.

My current private lift lobby is charged based on item 5 (no.2) of Schedule 1 SMA 2013 (verified with manager of two condos).

If after June 2015, they are incorrectly charging you for the accessory parcels. I would say you can ask for a refund. Please verify with your management as to the basis and calculation.

p/s: i replied to your PM msg.
*
before june 2015 , management has no right to charge me the private lobby, while after june 2015 , they can only charge me half the rate.


This post has been edited by lucerne: Apr 28 2017, 05:46 PM
quadreduce
post May 19 2017, 06:12 PM

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hi guys, im not sure this is the right thread to post this, here's the query,

ive been in the process to change my landed prop title from master to strata for almost 2years already, the reason for the delay is, developer blacklisted by land office.

what can i do and is there any way around this? thanks yo
raptar_eric
post May 23 2017, 06:25 PM

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fellow sifus, may I check on 2 things related to strata title:

1) my SPA is signed on April 2015, therefore from my understanding, developer can take their own sweet time to apply for the title, as compared to the new law in place?

2) in my SPA agreement, there is a clause stating:

QUOTE
i. The Vendor shall, at its own cost and expense and as expeditiously as possible, apply for subdivision of the said building or land intended for subdivision into parcels, as the case may be, so as to obtain the issue of a separate strata title to the said parcel under the Strata Titles Act 1985.

ii. Upon the issuance of the strata title to the said parcel and subject to the payment of the purchase price by the purchaser to the Vendor and the observance of all the terms and conditions herein provided, the Vendor shall, within 21 days execute or cause to execute a valid and registrable Memorandum of Transfer of the said parcel in favour of the purchaser and the vendor shall forward the same together with the strata title to the purchaser.


however, after that, there is another clause in the SPA later on:

QUOTE
The stamp duty and registration fee for this agreement and the subsequent transfer of the said Parcel shall be borne and paid by the purchaser but each party shall bear its own solicitor's costs.


Does the above mean I have to pay the fees for the transfer of title, or the developer will bear the cost? confusing sad.gif

This post has been edited by raptar_eric: May 23 2017, 06:25 PM
Yveatel
post May 30 2017, 09:53 PM

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QUOTE(quadreduce @ May 19 2017, 06:12 PM)
hi guys, im not sure this is the right thread to post this, here's the query,

ive been in the process to change my landed prop title from master to strata for almost 2years already, the reason for the delay is, developer blacklisted by land office.

what can i do and is there any way around this? thanks yo
*
How come you have a property of master to strata title? Townhouse? Is your unit under Jabatan Insolvensi? If yes, then you can proceed to them for high court order. If not, you can seek Tribunal for this issues.
SowYau
post Jun 9 2017, 09:19 AM

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QUOTE(raptar_eric @ May 23 2017, 06:25 PM)
fellow sifus, may I check on 2 things related to strata title:

1) my SPA is signed on April 2015, therefore from my understanding, developer can take their own sweet time to apply for the title, as compared to the new law in place?

Not true, previous Act requires land owner / developer to apply for strata within 6 months of CCC. They are subject to be penalised as it is now. SPA signed after the new Act will ensure the strata title issued together with Vacant Possesion.


2) in my SPA agreement, there is a clause stating:
i. The Vendor shall, at its own cost and expense and as expeditiously as possible, apply for subdivision of the said building or land intended for subdivision into parcels, as the case may be, so as to obtain the issue of a separate strata title to the said parcel under the Strata Titles Act 1985.

ii. Upon the issuance of the strata title to the said parcel and subject to the payment of the purchase price by the purchaser to the Vendor and the observance of all the terms and conditions herein provided, the Vendor shall, within 21 days execute or cause to execute a valid and registrable Memorandum of Transfer of the said parcel in favour of the purchaser and the vendor shall forward the same together with the strata title to the purchaser.

however, after that, there is another clause in the SPA later on:
Does the above mean I have to pay the fees for the transfer of title, or the developer will bear the cost? confusing sad.gif
*


the clause in the SPA is quite a standard thing, means the Developer will bear the cost the apply for the strata title, when the strata title is issued, it is still under the developer's name as owner, so to transfer to your name requires MOT. you have to pay the cost for the MOT such as legal fee and stamp duty.
Sunny zombie
post Jul 23 2017, 06:33 PM

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Attended my condo JMB annual general meeting recently:

Theres a few thing i wish to know more in terms of whether it is comply with the act 757.

1. Only owner with less than 1 month oustanding maintenance is eligible for voting.
2. the chairman who already served for 4 years re-elect for chairman again
3. we only vote for chairman position, no others committee member
4. there is no nomination process prior to this election
5. there is only notice put on notice board for this AGM, which owner who rent out their unit will not know this AGM
6. can the JMB stop owner from renting out to foreigner? as in the meeting, attended resident want our condo become 0% foreigner.so how JMB can assist in term of this.

Thanks in advance

??!!
post Jul 23 2017, 08:17 PM

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QUOTE(Sunny zombie @ Jul 23 2017, 06:33 PM)
Attended my condo JMB annual general meeting recently:

Theres a few thing i wish to know more in terms of whether it is comply with the act 757.

1. Only owner with less than 1 month oustanding maintenance is eligible for voting.

Voting rights only for owners with no outstanding maintenance on cut off date..your month may be due to cut off date of noti
3. we only vote for chairman position, no others committee member

the meeting will decide whether to vote for each office bearer or just vote for committee members and the JMC decide among themselves the positions each will hold

4. there is no nomination process prior to this election.

no nomination, then who gets nominated for voting process/
nomination can be via form before AGM or on day of AGM

5. there is only notice put on notice board for this AGM, which owner who rent out their unit will not know this AGM

Legal requirement for at least `14 day's notice via registered mail

6. can the JMB stop owner from renting out to foreigner? as in the meeting, attended resident want our condo become 0% foreigner.so how JMB can assist in term of this.

ON what basis to enforce this?
Can owners say one day, they want to ban all kids in condo? Can?


Thanks in advance
*
ycs
post Jul 23 2017, 08:23 PM

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QUOTE(Sunny zombie @ Jul 23 2017, 06:33 PM)
Attended my condo JMB annual general meeting recently:

Theres a few thing i wish to know more in terms of whether it is comply with the act 757.

1. Only owner with less than 1 month oustanding maintenance is eligible for voting.
2. the chairman who already served for 4 years re-elect for chairman again
3. we only vote for chairman position, no others committee member
4. there is no nomination process prior to this election
5. there is only notice put on notice board for this AGM, which owner who rent out their unit will not know this AGM
6. can the JMB stop owner from renting out to foreigner? as in the meeting, attended resident want our condo become 0% foreigner.so how JMB can assist in term of this.

Thanks in advance
*
1. yes, outstanding must be current
2. chairman is selected by the committee members during their 1st meeting; committee member can only serve 2 consecutive terms only
3. AGM is to vote for committee members not chairman
4. nomination must be open to all owners with no outstanding
5. notice of AGM via registered mail to owners and agenda, mgmt report, annual report as well
6. not sure, seems grey area

if any was breached, you can inform COB
Sunny zombie
post Jul 23 2017, 11:04 PM

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QUOTE(??!! @ Jul 23 2017, 08:17 PM)

*
So if without 14 day of notice via register mail,can we said that this agm is not proper and call for egm ? And what the procedure
Sunny zombie
post Jul 23 2017, 11:06 PM

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QUOTE(ycs @ Jul 23 2017, 08:23 PM)
1. yes, outstanding must be current
2. chairman is selected by the committee members during their 1st meeting; committee member can only serve 2 consecutive terms only
3. AGM is to vote for committee members not chairman
4. nomination must be open to all owners with no outstanding
5. notice of AGM via registered mail to owners and agenda, mgmt report, annual report as well
6. not sure, seems grey area

if any was breached, you can inform COB
*
There is no registered mail of informing, can we say that this agm not valid, call for egm? There is even don't have any management report , annual report tabulated or circulated
ycs
post Jul 23 2017, 11:14 PM

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QUOTE(Sunny zombie @ Jul 23 2017, 11:06 PM)
There is no registered mail of informing, can we say that this agm not valid, call for egm? There is even don't have any management report , annual report tabulated or circulated
*
also, you need to check the quorum as well to see how many turned up; definitely, cannot serve 3 terms; audited annual report is a must

best is you get as many owners as possible to sign joint complaint letter to your COB, surely got some songlap happening
??!!
post Jul 24 2017, 12:23 AM

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QUOTE(Sunny zombie @ Jul 23 2017, 11:04 PM)
So if  without 14 day of notice via register mail,can we said that this agm is not proper and call for egm ? And what the procedure
*
File complaint with COB and seek their adivse.
Sunny zombie
post Jul 25 2017, 05:34 PM

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QUOTE(ycs @ Jul 23 2017, 11:14 PM)
also, you need to check the quorum as well to see how many turned up; definitely, cannot serve 3 terms; audited annual report is a must

best is you get as many owners as possible to sign joint complaint letter to your COB, surely got some songlap happening
*
Thanks, will do that

Sunny zombie
post Jul 25 2017, 05:35 PM

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QUOTE(??!! @ Jul 24 2017, 12:23 AM)
File complaint with COB and seek their adivse.
*
Will do that
Sunny zombie
post Jul 27 2017, 11:13 PM

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QUOTE(??!! @ Jul 24 2017, 12:23 AM)
File complaint with COB and seek their adivse.
*
How to find where is COB ? My area is at mpsj
Sunny zombie
post Jul 27 2017, 11:14 PM

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QUOTE(ycs @ Jul 23 2017, 11:14 PM)
also, you need to check the quorum as well to see how many turned up; definitely, cannot serve 3 terms; audited annual report is a must

best is you get as many owners as possible to sign joint complaint letter to your COB, surely got some songlap happening
*
How to find which is my COB?


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