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.

This post has been edited by cherroy: Jun 15 2015, 08:51 PM

If not mistaken, A1450 made some amendment on it.

Never mind, shall we call it Act 2013 or Act 757?

I think it is referring to the same act.

This is one of major problem of current strata property, the new law that to ensure developer to do the strata title division is long over due.

Without strata title, you cannot transfer the property aka cannot complete the SPA of the property.
All sort of headache and problem without the strata title.

It is like owning an asset without any document to show you are the owner of asset.

This act won't able to help the old owner, or previous property, but good or newer strata property buyer.

Tribunal is set up to tackle troublesome issues on building management related, like dealing with maintenance fee defaulter, by law, AGM/EGM dispute related matter, etc. that related to building management.

Yup, you are right.
Should refer as Act 757.

Yup, most newer G&G landed are strata title one.

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.

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.

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

It only gazetted this month, so only effective when it is gazetted.

Yes.

Maintenance fee will be based on "Share Unit' instead of square feet of the unit itself.

So the more car park the unit has, the more share unit.

While maintenance fee will be divided based on share unit.

I don't think it has been fully enforced before, as we still see many still based on sqft of the size of the unit only.

With the new act, it should be fully enforced across Stratified properties across.
But I expect many still do not aware on this issue.

I still in the midst of finding out how to calculate.
So far what I gathered and knew is, the number of share unit of your property (including accessories parcel) does state clearly in your strata title.

It won't be too much difference, unless your unit has plenty of accessories parcel, like 6 car park vs ordinary unit 1 or 2.

It is not about impose additional or not, but the calculation method is different as compared previous just using sqft of the unit without taking in car park and accessories parcel.

The calculation if unit share does include parking lot and accessories parcel (like locker room in gym room etc) based on unit share as stated in the strata title.

So if one has more car park than other unit, then expect to see addition maintenance charges as the unit share is more than others.

You still have the right to access into your own unit.

While the act give power to MC to impose rules and regulation through by law, that management has the right to impose fee on the access card and right to manage the common area.

Management cannot refuse you to have access card if you are owner, so the issue stopping owner to enter the premise is not exist to start with.

While if you refuse to pay the fee and no access card to enter the premise, then it is not management fault.

The right to impose fee is stated clearly.


I do not see contradiction of the act on the issue.

If really not satisfy the fee imposed, call an EGM to overthrow the current management committee and elect yourself become chairman or committee member, then abolish the fee.

Btw, I am not lawyer, just based on experience involved in JMB/MC.

This post has been edited by cherroy: Jun 28 2015, 09:33 PM

The disclosure issue quoted has nothing to do the issue raised in the access card mattter, it is about issue on committee making decision time during the meeting.

If not satisfy what the JMB or MC had done, the always solution is over-throw the current committee member and elect the new one.

An EGM needed to be called after receive 25% or 1/3 (I forgot which) of the owner signing, and draft the resolution to elect new committee member.

One cannot say not satisfy what the JMB/MC had done, then refuse to pay any charges related to the building management.

Any not satisfying issue, raise it collectively during AGM/EGM.
And please attend to elect yourself into the management, to avoid any potential mis-management (if).

The problem a lot of time arised, when majority of owner reluctant to take part in the AGM/EGM and volunteer themselves into management team.

The new act does address the potential cronyism by limiting chairman term that cannot be more than 2 consecutive term and committee member 3 consecutive term.

There is a property I knew that nobody interested in joining JMB/MC, whereby the building management fail to elect enough committee member of min 3.

Ya previously also work voluntarily basis and plenty of time meeting until midnight as well.

In the history,
There is a case that owner's car being clamped due illegal parking at common area, being scolded and all dirty word thrown out at the committee member.
There is case that owner visitor being barred from entering as the security guard cannot find the owner to verify, dirty word also being thrown at...

But for the sake of the building management, and own property interest as a whole, our committee members still carry out their duty accordingly, even though some owner never appreciate it.
Now the building has good surplus management fund and sinking fund.

Actually I am not against Chairman or committee member being paid some earnest money, but ten K plus for such a post is overkill.
You hire a management company to manage a building only cost roughly 10K, which included a property manager being assigned, a clerk, and handyman to do those miscellaneous simple fixing.