How to Confirm with JMB? Can guide me? Sorry, i am lack of knowledge for this

you should have JMB office, right? The community office at your apartments. There should be an office within your apartment's premise.

Yes, there are management office in my apartment

Ask them lolz. They appoint the lawyer mar. They should know.

From my read strata title application is not applied or initiated by developer and hence JMB is involved (in her word: apartment community). To me it seems that developer is no longer around, and no subdivision application to the land office; therefore JMB has taken charge and appointed solicitor to act of behalf to apply for subdivision. This was from my read where she mentioned specific lawyers and also high court.

Seems that now title is out i.e. subdivision completed but I do not get how MOT perfection can be done without the owner i.e. nicolelim28 have not signed the MOT forms.

From my read, I deduced this means the appointed solicitor by JMB has prepared all the relevant forms where the previous developer director (which I presume is also the land owner) has signed and consented on the MOT. What is left is only for the owners to sign then subsequently proceed for the perfection (MOT duty to be paid).

@nicole28
If my above read is true, then it does not matter whether it is the appointed lawyer or your own appointed lawyer executes the MOT perfection. MOT stamp duty is fixed tiered by the current market price of the property. Only difference is the miscellaneous legal fees incurred. Actually by appointing your own lawyer may incur more costs and also may delay the perfection because then your appointed lawyer will need to request all the documents from JMB appointed lawyers to vett through before executing the MOT.

If you are close with your intended appointed lawyer, you may ask his/her opinion. But first, confirm the situation with JMB whether it is like what I have illustrated.

From what i read on all the message, i think you should check on the following:-

1) In previous, did the developer submitted the strata title application to Land Department?

2) If not, any letter or documentations allow JMB to proceed the application?

3) If the Master Title still charged to bank, there must be some sort of arrangement between appointed lawyer and bank where bank need to temporary discharge on the master title, there will be some sort of undertaking between the lawyer and bank where most of the case when title issued, only bank lawyer can collect the title, then they will lodge private caveat into the individual title.

4) However, if the master title is free, then title will be collected by the lawyer on-behalf of JMB. However, if there is any private caveat charge to the title for individual unit, those title will be forwarded to the bank safe keeping, until the owner clear their loan.

5) If the application just about to submit, the situation become even worst, Land Department imposed a rule to change the "syarat" in the master title to be more specific prior to issue the strata title. For example, Tanah ini hendaklah digunakan untuk maksud bangunan perumahan bagi tujuan apartment sahaja[I][U].

6) If now just to issue the title and transfer to your name, it will be good for you to check on the common property listing and share unit, this will affect your payment of sinking fund and maintenance fees.

7) Also, pls check is there any accessories parcel allocate?

8) Make sure all the information in the strata title is correct, unit no, name and so on.

Hope this can help you.

This post has been edited by ulala2: May 19 2016, 10:52 AM

Isn't that's normal where bank charges on master title will follow to all individual title automatically during application? The Land Office will query, but as long as there is letter of concern from bank, the application can continue.

From my understanding, the strata title application will not get approval from the Land Department when it still charged to bank. The master title must be free, however private caveat is allow.

The private caveat only take effect when changing of "syarat" in the master title.
TQ

Nicole,

Ask them for a copy of the strata title.

Get a quotation / estimated bill (need not show the details of your property and the legal firm's name.) Post it here, so that we know exactly at what stage you are.

The more you read the more confused you are.

If the strata title is issued, and you are about to get the title transferred but not comfortable to pay the legal fees + disbursement, then ask whether you can pay the stamp duty later as this is the most expensive item in the invoice. Once the notice to pay stamp duty is out, pay to your lawyer immediately to avoid penalty.

Nicole,

People here are getting confused with your scenario, ie

Either.
1. strata title has not been issued. It is in the process of submission and application for strata title (from master title to strata title);

Or

2. strata title is issued, (irregardless the process that went through), and you are considering whether to go to this lawyer ("appointed by the community") to perfect the transfer and charge.

Get this right or you will be reading wrong information.

I got case in Selangor where bank charge follows from Master Title to all 3 strata titles (large area)

As i mentioned, there will be some undertaking between bank and lawyer in order to do that.
For example, when title issued, only bank lawyer to collect, subsequently, they lodge and charge back the title.

Can you elaborate on what you mean in point 5) above? From my understanding, transition from master title to strata title, everything remains the same except individual owners now have separate titles. What is this change in "syarat" about? Does it happen in every application from master title to strata title? Thanks

This is fren of mine from developer side told me, recently, Land Department WP & Selangor imposed this condition prior to issue the strata title application.

His case as follow:



This steps normally take about 3 months or more to complete, means strata title will be further delay.

This post has been edited by ulala2: May 19 2016, 12:39 PM

I agreed on it, since I have many question marks now.
So now I should ask JMB on the confirmation on the 1 or 2, correct?

Ask JMB or better still, ask lawyer. If lawyer can give you a copy of the strata title, your answer is absolute.

Got a feeling, should be scenario 2, ie, strata title is issued. Won't go into details here.

OK, will ask lawyer when meet up with her on next Sat.
Thanks for valuable advise

No. It doesn't happen in all the cases. My job involved directly in the process of application, issuance, transfer and charge of title to purchaser and bank respectively.

In fact, I am confused and have questions on the points mentioned regarding the process. Anyway, don't wish to confuse Nicole further,

You are most welcome.

Thanks for the info.