strange... what's the point of assigning proxy if he/she cannot vote?

new SMA has expanded powers to block parking, access, cut water etc. Good idea to pose this question.

only sole proprietors are member of council and can be voted into office, proxy holders are merely to facilitate decision making in the event of absence of sole proprietor during proceedings such as AGM, EOGM..

my question: does the new SMA address ownership rights for community areas such as shared clubhouse, private parks and so on, in a master title development of landed strata housing with multiple separate parcels (whereby the community areas are not part of any of the parcels)? This is in particular related to "double" G&G developments.

If No, any future plans in the pipeline to further address this issue?

Thanks, aurora97.

This post has been edited by corleone74: Aug 13 2015, 04:10 PM

No, I think perhaps my question isn't clear enough wthout an illustration.

Say a developer is creating a landed strata titled township, and has a master title for 116 acres.

There will be 5 separate precincts of strata titled landed, each one being 20 acres with xx no of houses.

that means 5 strata titled schemes .

but the remaining community area of 16 acres is to be built a "private" park, lake, clubhouse etc. These amenities are not within any of the 5 strata titled schemes, but (is marketed) as private amenities for this landed township, and is gated.

So in this sense there are double gated. let's say an individual SP has a lot in strata title A, he needs to enter the first guardhouse and then access another guardhouse to his precinct. the first guarded allow him entry to the park etc, and the second to his strata titled precinct, but not to the other precincts B,C,D,E. I'm not refering to common areas within strata scheme A, B,C,D, E. I'm talking about the shared community amenities. So for example, let's say precinct A has a swimming pool. That is at the common area of precinct A, and is covered as common area. But what about the private park, clubhouse etc ("community" areas, as in the community within this 116 acre development)?

so therefore is there any provision or plan for provision in the SMA for the community areas ? I have asked this question to solicitors a while back and they had no idea, hence my request for it to be forwarded at your forum.



This post has been edited by corleone74: Aug 13 2015, 06:25 PM

This is my understanding:

Every sole proprietor of each individual parcel is automatically part of the strata scheme's management corporation (MC).

The MC convenes an AGM in which council members are elected. The council members act on behalf of the MC.

The MC then appoints a property manager to manage the property.

The MC is formed upon issuance of the strata title, before that, the developer with the owners jointly form the joint management body (JMB). THe JMB is dissolved when strata title issued and the MC is formed (to replace the JMB), wherein the council members are elected.

So with the new SMA, how will the process above be affected? I read that the strata titles now have to be ready (ie parcels subdivided) during the CF itself, ie before VP? Is this confirmed? If this is the case, will there no longer be a need for the formation of the JMB?

This post has been edited by corleone74: Aug 13 2015, 06:34 PM

haha that's what i thought. no coverage. but in fact, it is quite relevant , because for eg you can see quite a no of double G&G scheme these days. Yes, as you mentioned, there is something like a "parent JMB" which collects a community fee from all SP from the different schemes (precinct), and this fund is used to maintain the "community" areas. What I'm wondering about is the legal framework for this type of scheme, of which i think there isn't any (yet). I guess it will take another donkeys' years to resolve this.

This post has been edited by corleone74: Aug 13 2015, 06:50 PM

Yes, that is a correct way, to say goodbye to JMB. in fact the reason why there is JMB is due to delay of subdivision of master title by developer, hence JMB is for those master titled properties and under purview of national land code, while the developer just delay to submit for subdivision of master to strata titles. whereas MC is under strata ttiel act. Actually, i read through teh STA before and what i wrote earlier is what i recall and understood from the STA .

in singapore, no JMB (that i ever heard of). Straight away strata title. this is the correct way. before CF issued, developer must subdivide master title to strata title. upon VP, strata title ready. then it's formation of MC and yada yada. simple and straightforward.

This post has been edited by corleone74: Aug 13 2015, 07:10 PM