QUOTE(Jasoncat @ Nov 19 2016, 12:56 AM)
Samkor, I refer to SMA Section 70. By-laws for regulation of subdivided building or land
Under subsection (2), A management corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws ......
Under subsection (3), The additional by-laws made under subsection (2) shall bind the management corporation and the proprietors, and any charges, lessee, tenant or occupier of a parcel to the same extent as if the additional by-laws -
(a) had been signed or sealed by the management corporation, and each proprietor and each such charges, lessee, tenant or occupier, respectively; and
(b) contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.
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Based on the above, my interpretation is that there is no DMC to be signed between the subsale buyer and developer or MC as the prevailing DMC then shall be enforceable against the new owner.
Thanks Jason gor.. That's why I said Strata Act seems protecting the strata title property well. How about individual title then?Under subsection (2), A management corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws ......
Under subsection (3), The additional by-laws made under subsection (2) shall bind the management corporation and the proprietors, and any charges, lessee, tenant or occupier of a parcel to the same extent as if the additional by-laws -
(a) had been signed or sealed by the management corporation, and each proprietor and each such charges, lessee, tenant or occupier, respectively; and
(b) contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.
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Based on the above, my interpretation is that there is no DMC to be signed between the subsale buyer and developer or MC as the prevailing DMC then shall be enforceable against the new owner.
Nov 19 2016, 01:03 AM

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