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 Strata act 757

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ulala2
post Jan 23 2019, 02:37 PM

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QUOTE(theproblemkid @ Jan 22 2019, 03:07 PM)
Hi all..I'm a resident at a property in Puchong(Leasehold) and it seems like the developer is giving us the run-around when it comes to our strata title.

Somewhere in 2016, we were informed that developer is waiting for blanket consent from the land office. However, a check with the land office (Pejabat Tanah Dan Galian Selangor) shows that the application went through and was collected by the developer.

Up till today, there is still no strata issued and now the developer claims they are waiting for approval of Bumi Quota from the Lembaga Perumahan dan Hartanah Negeri Selangor.

Could someone please enlighten me on the process to get the strata title from a developers point of view? What is the difference between Pejabat Tanah Dan Galian Selangor and Lembaga Perumahan dan Hartanah Negeri Selangor?

Thank you very much in advance
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Last time, there is a provision under the act where within 30 days the developer received the strata title, need to issue notice of MOT to purchaser. However, this provision have been removed on yr 2017.

Now no statutory provision is just contractual, i.e SPA.

So, please read ur SPA see do u have any provision mentioned on this.
ulala2
post Jan 23 2019, 05:04 PM

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QUOTE(theproblemkid @ Jan 23 2019, 03:57 PM)
Very sorry, i should have mentioned that its an old property. VP was in 2013 and I'm a subsale buyer
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Even is subsale buyer, all the rights under the 1st buyer should transfer to u. Unless that is not done.

ulala2
post Jan 29 2019, 06:40 PM

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QUOTE(theproblemkid @ Jan 29 2019, 06:31 PM)
Thanks for the response bro...As of today, I don't even know if developer has received the strata or not..Which is why I was asking if anyone knows what is the process..
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then u should write to developer to seek for the update.
try to obtain their strata title submission file no, then u can go to PTG website to search for the update.
ulala2
post Jan 30 2019, 09:09 AM

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QUOTE(crewmy @ Jan 29 2019, 10:46 PM)
Is there any rules on the amount an MC can approve for payment, and the amount that needs approval from an EGM/AGM?
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if not mistaken, normally MC will table the limit of authority in EGM/AGM to obtain approval from the owners.

For example:

> 250k - Chairman
250k < but <500k - Chairman + secretary

1m < need AGM / EGM

It is all depends on the MC to propose.
ulala2
post Jan 31 2019, 08:38 AM

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QUOTE(crewmy @ Jan 30 2019, 09:07 PM)
Thank you. Do you know what is the terms used for all these "rules"? SOP? House Rules?
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Special Resolution?
ulala2
post Mar 12 2019, 06:23 PM

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QUOTE(gugukrez @ Mar 12 2019, 10:20 AM)
May i know if my Accessories Parcel show Tiada.

Does it mean i dont have any car park? but my unit come with 1 car park and 1 addition purchased
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Before enforcement of SMA 2013 yr 2016 or after?

If after, then if ur strata title does not come with any accessories parcel but u have 2 car park bays, then something is wrong somewhere.
U better go and check properly.
ulala2
post Mar 14 2019, 12:20 PM

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QUOTE(ray_mond_toh @ Mar 13 2019, 09:14 AM)
what is the "payment term" for maintenance charge mentioned in SMA?
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Section 12(5) of SMA 2013, The purchaser shall, within fourteen days of receiving a notice from the developer, pay the Charges, and contribution to the sinking fund, to the developer and if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days, the developer may recover the sum in the manner set out in Section 34.

Section 12(6) of SMA 2013, if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days specified in subsection (5), the purchaser shall pay interest at the rate of ten per cent per annum on a daily basis.

Section 34(1), developer / JMB served notice demanding payment to purchaser.

Section 34(2), if remain unpaid, developer / JMB file a summons or claim in a court of competent jurisdiction or Tribunal to recover the sum or recover under Section 35.

Section 34(3), if failed to comply with the notice, be liable to a fine not exceeding RM5,000.00 or imprisonment not exceeding 3 years or both

This post has been edited by ulala2: Mar 14 2019, 12:21 PM
ulala2
post Mar 14 2019, 05:14 PM

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QUOTE(ray_mond_toh @ Mar 14 2019, 12:23 PM)
[I]The purchaser shall, within fourteen days of receiving a notice from the developer, pay the Charges, and contribution to the sinking fund, to the developer and if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days, the developer may recover the sum in the manner set out in Section 34.[I/]

What is this "notice" mean?

Do you mean the payment term for bill of maintenance charge is 14 days? eg. bill of maintenance charge dated 1 Mar, if remain unpaid on 15 Mar, then can charge interest?
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Invoice / documents to ask your payment on services charges
ulala2
post Mar 15 2019, 12:30 PM

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QUOTE(ray_mond_toh @ Mar 15 2019, 09:35 AM)
some interpret the "notice" is the "late payment demand notice or reminder notice"...not the invoice
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As refer to your Quote, u are referring to 1st para. (Section 12(5))
The notice in 1st para is the invoice / document request u to pay service charge

As for other section, that notice can be a notice to demand, notice to court and so on depending on which section u refer to

This post has been edited by ulala2: Mar 15 2019, 12:31 PM
ulala2
post Apr 12 2019, 02:17 PM

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QUOTE(syrus.plaine @ Apr 10 2019, 06:05 AM)
Hey all, just receive this notice from my management after a week away from Malaysia.

It says to have the pipe painted in the color of the exterior walls as well as having the pipe of the aircond to be moved to the nearest floor trap or discharge pipe. My only concern is the former; while the latter was taken care of during my renovation

They referenced this based on Strata Management Regulation 2015, under Part 7(29-4) which I don’t see.

user posted image
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I also cannot find the part as mentioned in the notice.
suggest u to write in to MO/JMB to ask them clarify where the get those clauses?
ulala2
post Apr 25 2019, 09:13 AM

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QUOTE(ray_mond_toh @ Apr 12 2019, 03:07 PM)
Please look for Strata Management (Maintenance and Management) Regulations 2015, 3rd schedule, part 7, subparagraph 29(4)
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Just take a look on this Regulation, 3rd Schedule, Part 7, subparagraph 29(4):

"All renovation works in a parcel shall be confined to the boundaries of the parcel and no works shall be carried out on any part of the common property"

Based on this clause, if only talk about carry out renovation within your parcel. it does not stated that:

1) Air-con exposed pipe to be laid in the suitable conduit / duct

2) To be painted according to the colour of the exterior building

3) All water outlet ....


Unless is clearly stated in the building renovation guideline, or else they using this clause to instruct you to carry out the works as listed item 1,2, 3... is not good enough.
ulala2
post Apr 25 2019, 06:15 PM

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QUOTE(Yveatel @ Apr 25 2019, 03:19 PM)
rolleyes.gif well, this paragraph is good enough unless your aircond unit install inside your parcel. Most high rise building's parcel does not include the area for air conditioner. Any wall outside consider belongs to common property. Thus, management got every right to determine the rules for anything under common property.

Check the strata title plan of yours, whether it includes or exclude the area for air cond installation.
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Normally new high rise development will provides air-con ledge as accessories parcel to ur main parcel, if this is installed in ur accessories, not sure why they make noise. unless your unit is without any accessories of air-con ledge.
ulala2
post May 27 2019, 05:48 PM

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QUOTE(MakcikLum @ May 27 2019, 04:02 PM)
Sifu-sifu sekalian ... my apartment (toilet area) external wall got water sipping into my house every time when heavy rain, is it under common area or my own area ?

Wish to repair because the wall at my room got water mark already, shall I ask my contractor to repair it instead of maintenance from mgmt office ?

Thank you.
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If still within DLP period, should get developer to repair.
If DLP expired, then write to JMB/MC/Management Office and get them repair.

P/S: Building External facade is common property.
ulala2
post May 28 2019, 10:21 AM

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QUOTE(MakcikLum @ May 28 2019, 01:15 AM)
Thanks for the reply, mine one is after DLP, if mgmt refuse to repair, argue the crack is from my toilet (inside) instead of from wall outside which caused the water sipping then how ?
My mgmt office is very lazy type of worker lar ...  unsure.gif
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This is what i can think off:

1) as long as the water is entering into your unit from external facade, then it is considered as external facade defect. If Management Office (MO) argued, ask them show you the proof that the leakage is due to you instead of common property.

2) Alternative, write to JMB/MC/MO, cc to COB, if they still refuse to rectify u may file the case to tribunal to recover all your losses.


ulala2
post Jun 13 2019, 02:22 PM

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QUOTE(okuribito @ Jun 13 2019, 02:10 PM)
Transfer from https://forum.lowyat.net/index.php?showtopi...post&p=92966891
1) & 2)
yup understand the requirements

3)
hehehe did not pay much attention to that "next" - good one  tongue.gif

Say today I receive notice of this year's AGM to be held on 5 July 2019 ( at least 21 days notice). I take 1 week to draft my proposed by-law & on 20 June 2019, i send a notice under Second Schedule 13(1) asking them to include my proposal in the agenda of the 5 July AGM. Three scenarios:

A) Your interpretation
The jmb/mc says it cannot be done for 5/7/2019 AGM. TQ, but we will include it in 2020's AGM. Can? imho  hmm.gif

B) What I think should happen
The jmb/mc puts up my proposal on the notice boards on 21 June 2019 ie notifies all proprietors of my proposal. Effectively giving other/all proprietors 14 days notice.

Come 5 July, the Chairman of the meeting informs that a notice was received from me. But he explains to the proprietors that it cannot be considered/voted on because the notice was only 14 days and not the 21 days necessary for a special resolution.

C) What i think can happen
The jmb/mc puts up my proposal on the notice boards on 21 June 2019 ie notifies all proprietors of my proposal. Effectively giving other/all proprietors 14 days notice.

Come 5 July, the Chairman allows voting on my additional by-law & the necessary majority of those present vote for it. After the AGM, the house rules are updated with my additional by-law.

The question then is the validity of the new by-law that I proposed via Second Schedule 13(1)  AND as shown above, other proprietors were given only 14 days notice

4) Yes not by a single proprietor. But not by the jmb/mgt committee either. To be anal about it, 70(2) in 757 says the "management corporation" ie the legal entity comprising all proprietors  smile.gif
.................................................................

Sifus, which scenario is the correct one? A, B or C? If C, my additional by-law valid or not?
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okuribito, none of your option will happen.

1) if the meeting to be held on 5/7/2019, 21 days from 5/7/2019 is 13/6/19.
2) if u submit on 20/6/19, which will be considered not a valid special resolution.
3) U is refer to u as JMB/MC or a single proprietor?? Only JMB/MC can make additional by-law, not a single proprietor.
4) u may need to discuss with JMB/MC during one of their regular meeting to table them ur proposed additional by-law, if they accept only to issue as special resolution and need to issue 21 days from the meeting date.

So assuming u are a normal proprietor, u drafted additional by-law, and would like to submit to JMB/MC to be consider in AGM/EGM.
Say meeting on 5/7/19, u submitted on 20/6/19, if i'm JMB/MC, i will say

"you cannot submit your draft additional by-law to be consider as special resolution, reason is u d't have that authority"
ulala2
post Jun 14 2019, 09:13 AM

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QUOTE(okuribito @ Jun 13 2019, 02:33 PM)
rclxms.gif  TQ ... u very well versed - u lawyer or have experience as jmb or mc member?
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Attended some strata seminar and recently involving in all kind of issue pertaining to JMB/MC and strata title.
ulala2
post Dec 28 2020, 11:58 AM

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QUOTE(vincent_ng86 @ Nov 5 2020, 06:07 PM)
Hi guys, am staying in a highrise with low water pressure issue. It is also observed that a good numbers of owners have installed their individual water pumps to increase pressure into their own units.

Questions:
1. Is it legal?
2. If it is not, appreciate your help to point me to the relevant act (tried looking but have not identified anything I can use as a layman) so I can quote it for discussion with the management office.

Thanks!
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IF I not mistaken, they are some design guideline for cold water, if not mistaken like 1 bar pressure.
Depanding on the water tank location whether is on top floor or lower ground, pressure for each floor will be gradually drop.
ulala2
post Jul 9 2021, 02:39 PM

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QUOTE(kenl3w @ Mar 14 2021, 11:17 AM)
Hi all sifus,

Question to ask:
Can developer include aircond ledge area into total sqft in SPA.
I am looking at a 1001 sqft unit, and found that it is only 900sqft by using some ID tool.
Please find my finding below:
user posted image

Thanks
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1) In most of the case, air-con ledge is accessories parcel to the main parcel, but in some case, it may possible for the developer to include air-cond ledge area into main parcel area.

2) Better use sqm to calculate your parcel area instead of sqft, as strata title is using sqm to calculate.

 

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