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 condo shop, legal issue

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TSlucerne
post Jul 2 2015, 07:18 PM, updated 11y ago

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i owned each a LH and FH condo shop but the strata title has been issued as residential.
will the shop eventually become commercial in future and how about the status of the condo on top?
will the authority convert the land use to mixed development after sometime? (eg after the lease). what is the pro and con to my condo shop?


SUScute_miao
post Jul 3 2015, 10:11 AM

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what is lh anf fh?
TSlucerne
post Jul 3 2015, 10:39 AM

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QUOTE(cute_miao @ Jul 3 2015, 10:11 AM)
what is lh anf fh?
*
leasehold and freehold

leasehold has a risk the property which used for business will probably convert to commercial after reached 99 years.
not sure about freehold property
SUScute_miao
post Jul 3 2015, 10:44 AM

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QUOTE(lucerne @ Jul 3 2015, 10:39 AM)
leasehold and freehold

leasehold has a risk the property which used for business will probably convert to commercial after reached 99 years.
not sure about freehold property
*
impossible it suddenly transform into a commercial title bro.
TSlucerne
post Jul 3 2015, 11:55 AM

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QUOTE(cute_miao @ Jul 3 2015, 10:44 AM)
impossible it suddenly transform into a commercial title bro.
*
http://www.propwall.my/answers/2242/mbpj-t...e-to-commercial
SUScute_miao
post Jul 3 2015, 01:12 PM

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QUOTE(lucerne @ Jul 3 2015, 11:55 AM)
tq for the link bro~!
Hun Eung
post Jul 3 2015, 03:36 PM

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QUOTE(lucerne @ Jul 3 2015, 11:55 AM)
It's not free (not cheap either) and most likely, limited commercial status only. They approved it to avoid complication, whether to allow or to demolish those operating business within residential property.

There's a number of used car dealers, workshops, grocery, etc within PJ Old Town area.
anakkk
post Jul 3 2015, 11:51 PM

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well how long more to reach 99 years, by that time you and me might not be around already
TSlucerne
post Jul 4 2015, 10:20 AM

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QUOTE(anakkk @ Jul 3 2015, 11:51 PM)
well how long more to reach 99 years, by that time you and me might not be around already
*
it may if base on pj old town examples.


anyone own a condo shop? how is the potential?
any limitation from the MC?
can they do business with outsiders , walk in customers?

cherroy
post Jul 4 2015, 04:05 PM

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What is condo shop in the first place?

Never heard of such wording.


anakkk
post Jul 5 2015, 09:47 AM

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QUOTE(lucerne @ Jul 4 2015, 10:20 AM)
it may if base on pj old town examples.
anyone own a condo shop?  how is the potential?
any limitation from the MC?
can they do business with outsiders , walk in customers?
*
not sure what type of condo shop you mentioning, but I have been to restaurant in condo, the customers are allowed to go in with pass.
TSlucerne
post Jul 6 2015, 12:27 AM

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QUOTE(cherroy @ Jul 4 2015, 04:05 PM)
What is condo shop in the first place? 

Never heard of such wording.
*
shops inside a condo
wild_card_my
post Jul 6 2015, 03:54 AM

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QUOTE(lucerne @ Jul 6 2015, 12:27 AM)
shops inside a condo
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What do you sell in these shops? Services? Is it more like an office then? If not, do you sell merchandise? How do people enter if there is a security guard outside?
cherroy
post Jul 6 2015, 08:00 AM

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QUOTE(lucerne @ Jul 6 2015, 12:27 AM)
shops inside a condo
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How can a residential condo has shops inside.

Unless it is for service apartment, or mix development that I know it has commercial title to start with.
aurora97
post Jul 6 2015, 10:37 AM

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This is beyond my scope, I will have a dig at it anyway…

Land Law in Malaysia is pretty rigid.

If it’s a residential land, everything on top (or below) will be classified as a residential. This will apply to you mini-mart, laundrette or the café that you have in your condominium. Which explains why, even if a condominium is mix development, everything in that plot of land is classified as commercial. There is no half commercial and half residential title, even though the number of residential condominiums outnumber the commercial units.

This I believe is TS’s question. Assuming he bought a “parcel” (designated by management to be a minimart), will it be converted from residential title to commercial title?

Me thinks… it will never be converted.

On a separate note, I have seen areas designated for commercial use in a residential titled condominium… converted into residential units. However, such action may require approval via AGM/EGM before a condominium can let go of assets held by JMB/MC.

TSlucerne
post Jul 6 2015, 12:35 PM

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QUOTE(cherroy @ Jul 6 2015, 08:00 AM)
How can a residential condo has shops inside.

Unless it is for service apartment, or mix development that I know it has commercial title to start with.
*
yes, some older developments have these. and they are many in KL/PJ.

understand many developers did not convert to mix development (maybe try to save money) and sold the shops to individual owners and the problems started:

shall the shops considered as commercial or residential? since the land title as residential.
since it is classified as residential, can the shop units use as residential ? (live inside)

if it is classified as commercial shop, can the MC restrict the uses? says operate as massage parlour, spa etc. (assume can get licence from dbkl, mppj)
can the shop owners , guests or visitors use the condo facilities ?

will the authorities try to change the title uses? force to convert to mix development (from residential)

Alvinyeo
post Jul 8 2015, 03:04 PM

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QUOTE(cherroy @ Jul 6 2015, 08:00 AM)
How can a residential condo has shops inside.

Unless it is for service apartment, or mix development that I know it has commercial title to start with.
*
You never see a condo inside got mini market or laundry shop ??

 

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